Bellamkonda Jayendra Chakravarthy, v. The State Of Telangana

HONOURABLE SRI JUSTICE RAJA ELANGO WRIT PETITION No.37619 of 2016 ORDER:

The present writ petition is filed by the petitioner seeking to call for the records relating to Crime No.753 of 2016 on the file of Banjara Hills Police Station, Hyderabad, registered against him for the offences punishable under Sections 420 and 493 IPC, and consequently, quash the same.

The 3rd respondent filed a complaint against the petitioner before the 2nd respondent alleging that the petitioner made a promise to marry her and had physical relationship with her and also took money several times from her, and whenever she asked about marriage, he is postponing the same and from 31.08.2016 he was absconding and not responding for her phone calls. Basing on the said complaint, the 2nd respondent registered the above crime against the petitioner. Heard and perused the material available on record. It is the case of the petitioner that he never promised the 4th respondent to marry her, and the 4th respondent herself developed acquaintance with him and in fact, he established a office in Film Nagar and started Short Films Production and that the 3rd respondent approached him and wanted to join as a partner by investing some amount, but she failed to do so, therefore, he told her not to come to his office, therefore, she bore grudge against him and started harassing along with her sister i.e. 4th respondent and lodged the above complaint with false allegations.

The learned Assistant Government Pleader submitted that on the basis of the complaint, a case was registered against the petitioner, and the respondents are investigating into the matter in accordance with law.

Even though this Court is not inclined to interfere with the investigation in the above crime, taking into consideration the facts and circumstances of the case, this Court is of the view that the above crime can be investigated into, without arresting the petitioner. Accordingly, respondent No.2 is directed to complete the investigation and file a final report in the above Crime, in accordance with law, without arresting the petitioner. The petitioner is also directed to appear before the investigating officer concerned, as and when required, and cooperate with the investigation. With the above direction, the Writ Petition is disposed of. No costs. Consequently, miscellaneous petitions pending, if any, shall stand closed.

______________ RAJA ELANGO, J November 03, 2016.

KTL