Sundaraiah v. The State Of Telangana

HONOURABLE SRI J USTICE M.S.K . J AISWAL CRIMINAL PETITION No. 12770 of 2016 ORDER:

The criminal petition is filed under Section 482 Cr.P.C. seeking to quash the proceedings in FIR.No. 554 of 2016 on the file of Station House Officer, Police Station, Jawaharnagar, Cyberabad, registered for the offences punishable under Sections 447, 427 and 506 IPC.

Heard the learned counsel appearing for the petitioners/Accused Nos.3 and 4, and the learned Additional Public Prosecutor, representing the State.

Having heard the learned Counsel on either side and gone through the material available on record, it is obvious that specific allegations were made against the petitioners/Accused Nos. 3 and 4 in the complaint. This is a matter which requires investigation by the police. The truth or otherwise of the allegations can only be decided during course of investigation or trial. I see no ground to interdict the investigation at this stage and quash the first information report.

Considering the facts and circumstances of the case and as requested by the learned counsel for the petitioners, the Criminal Petition is disposed of, directing the petitioners/Accused Nos. 3 and 4 to appear before the investigating agency on 19.09.2016 and give an undertaking stating that they shall appear before the investigating agency as and when required during course of investigation and cooperate with the investigating agency for early

completion of the investigation. If such an undertaking is given on the aforesaid date of their appearance, the Investigating Agency shall not arrest the petitioners/Accused Nos. 3 and 4 in the above crime till the investigation is completed and charge sheet is filed. Miscellaneous petitions pending consideration if any in the Criminal Petition shall stand closed in consequence. No order as to costs.

------------------------------------ JUSTICE M.S.K. JAISWAL DATED 8th September, 2016.

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