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High Court for State of TelanganaWP/40362/2016disposed of no costs

Boya Talari Hampaiah, v. State Of Andhra Pradesh,

2016-11-22Raja Elango2 pages

HONOURABLE SRI JUSTICE RAJA ELANGO WRIT PETITION No.40362 OF 2016 ORDER:

The present writ petition is filed by the petitioners seeking to quash the proceedings against them in Crime No.120 of 2016 on the file of Gonegandla Police Station, Kurnool District. Heard and perused the material available on record. The case in brief is that the petitioners are alleged to have forged the Aadhar card, bank debit card and title deeds of the son of the de facto complainant to obtain a crop loan from the ICICI Bank. The main grievance of the petitioners is that they are innocent of the offences alleged against him and that on the confession of A1 only, they are implicated in the present case and there are no specific overt acts against the petitioners.

The petitioners filed this writ petition challenging the investigation in the above crime. This Court is not inclined to interfere with the proceedings in the above Crime. However, taking into consideration the averments in the affidavit, without going into the merits, this Court is of the view that the above crime can be investigated into, without arresting the petitioners. Accordingly, the respondents 2 and 3 are directed to complete the investigation and file a final report, in accordance with law in either way, without arresting the petitioners. The petitioners are directed to appear before the investigating officer concerned and execute a personal bond for a sum for Rs.5,000/ - (Rupees five thousand only) each

with one surety for the like sum each, as surety for their future appearance as and when called for the purpose of investigation. With the above directions, the Writ Petition is disposed of. No costs. Consequently, miscellaneous petitions pending, if any, shall stand closed.

______________ RAJA ELANGO, J November 22, 2016.

KTL