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High Court for State of TelanganaWP/42323/2016disposed of no costs

S.Yadamma,Ankitha, v. The State Of Telangana,

2016-12-06Raja Elango3 pages

THE HONOURABLE SRI JUSTICE RAJA ELANGO WRIT PETITION No.42323 OF 2016 ORDER:

This writ petition is filed under Article 226 of the Constitution of India seeking a direction to respondent No.3 not to make threat of arrest in F.I.R.No.137 of 2016 on the file of Shabad Police Station, Ranga Reddy District.

2.

Heard and perused the material available on record. 3.

Case of the petitioners is that the de facto complainant filed a false complaint against them before respondent No.3 and the same was registered as the aforementioned case for the offences punishable under Sections 376, 420 and 417 read with 109 I.P.C.; that the complaint does not contain any incriminating material against them; that they never did any criminal activities and respondent No.3 is trying to arrest them without following the due process of law.

4.

Learned Assistant Government Pleader for Home submitted that on the basis of the said complaint, a case was registered against the petitioners and respondent No.3 is investigating the matter in accordance with law.

5.

No specific allegations are made against the petitioners herein. This Court already directed respondent No.3 to complete the investigation expeditiously without arresting accused No.1 vide order, dated 25.11.2016, in W.P.No.41077 of 2016. Considering the facts and circumstances of the case and the grievance of the petitioners, without expressing any opinion on merits, respondent

No.3 is hereby 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 respondent No.3 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. 6.

With the above direction, the Writ Petition is disposed of. There shall be no order as to costs.

7.

Miscellaneous Petitions pending, if any, in this Writ Petition shall stand closed.

_________________________ JUSTICE RAJA ELANGO 6.12.2016 AMD

THE HONOURABLE SRI JUSTICE RAJA ELANGO WRIT PETITION No.42323 OF 2016 Date: 6.12.2016 AMD