Nalla Subashini v. The State Of Telangana

THE HONOURABLE SRI JUSTICE RAJA ELANGO WRIT PETITION No.46545 OF 2016 ORDER:

This writ petition is filed under Article 226 of the Constitution of India seeking to quash F.I.R.No.256 of 2016 on the file of Central Crime Station, Hyderabad.

Heard and perused the material available on record. Case of the petitioners is that 3rd respondent filed a false complaint against them before the 2nd respondent and the same was registered as the aforementioned case for the offences punishable under Sections 420, 406, and 506 r/ w.120(B) I.P.C.; that the complaint does not contain any incriminating material against them; that they never did any criminal activities and the 2nd respondent is trying to arrest them without following the due process of law.

Learned Assistant Government Pleader for Home submitted that on the basis of the said complaint, a case was registered against the petitioners and the police concerned are investigating the matter in accordance with law.

Considering the facts and circumstances of the case and the grievance of the petitioners, without expressing any opinion on merits, this Court is of the view that the above crime can be investigated into without arresting the people.

Accordingly, the 2nd respondent is directed to complete the investigation in the aforementioned crime and file a final report, in accordance with law in either way, without arresting the petitioners. The petitioners are directed to appear before the 2nd respondent and

execute a personal bond for a sum of Rs.5,000/ - (Rupees five thousand only) each with one surety for the like sum each for their appearance as and when required for the purpose of investigation. With the above direction, the Writ Petition is disposed of. There shall be no order as to costs. Miscellaneous Petitions pending, if any, in this Writ Petition shall stand closed.

______________ RAJA ELANGO, J January 06, 2017.

KTL