High Court for State of TelanganaCRLP/6416/2016disposed of no costs

Kamarapu Gnaneshwar v. The State Of Telangana,

2016-04-26Raja Elango2 pages

THE HON'BLE SRI JUSTICE RAJA ELANGO Crl.P.No.6416 of 2016

ORDER

This criminal petition is filed by the petitionersA3 and A4 under Section 482 Cr.P.C., seeking to quash the proceedings against them in Cr.No.228 of 2015 of III Town Police Station, Karimnagar District, registered for the offences punishable under Sections 420, 448, 506, 120(B) IPC and under Sections 3 and 5 of Money Lending Act, against them.

2. Heard and perused the material on record.

3. The case of the prosecution is that the de facto complainant obtained loan of Rs.2 lakhs from A1 by mortgaging his house. While so, on 09.11.2015 at 1900 hours, all the accused with criminal conspiracy grabbed the property of the de facto complainant and sold it to one Kanthala Laxmi, threatened him with dire consequences by showing revolver, thereby cheated him. Based on the complaint, the aforesaid crime was registered against the accused.

4. Learned counsel for the petitioners submitted that the petitioners were initially arrested on different dates in different crimes and produced before the Court and thereafter, they were released on bail since the police failed to file charge sheet within the statutory period. He further submits that though the present crime is pending before the same police

station where the other cases are pending in the same District, the police ought to have produced the petitioners on PT warrant before the Court concerned for remand and now, the police are trying to arrest them.

5. In view of the above submissions, the police concerned are directed to complete the investigation and file a final report, if any, without arresting the petitioners/A3 and A4. In the event of necessity, the police concerned are directed to issue notice to the petitioners for their appearance before the investigating agency for the purpose of investigation. On issuance of such notice, the petitioners shall appear before the investigating agency and give an undertaking as to their future appearance as and when required by the investigating agency for the purpose of investigation.

6. With the above directions, the Criminal Petition is disposed of. Consequently, miscellaneous petitions, if any, pending in this petition shall stand closed. _______________ RAJA ELANGO, J 26th April, 2016 sj