Mitra , Kongaleti Jaya Kumar Mitra v. The State Of Andhra Pradesh,

THE HON'BLE SRI JUSTICE C. PRAVEEN KUMAR CRIMINAL PETITION NO.9481 of 2016 ORDER :

The petitioner, who is A4 in Crime No.115 of 2016 of Nellore III Town Police Station, SPSR Nellore District, filed the present application under Section 438 Cr.P.C. seeking release in the event of his arrest in connection with the above crime registered for an offence punishable under Section 419 read with Section 34 of IPC. The case of the prosecution is that the petitioner along with other accused collected money from the public by creating fake voters cards, commercial tax registration certificates, income tax returns and pan cards. Basing on these allegations, the above crime came to be registered.

Learned counsel for the petitioner submits that the first information report is silent with regard to the role played by the petitioner and hence he is entitled for bail. Learned public prosecutor opposed the application contending that during the course of investigation, the prosecution collected material to show that the petitioner himself indulged in creating fake documents with partnership of others.

It is true that the first information report is silent about the role attributed by the petitioner, but at the same time, it is to be noted that when the raid was conducted, the investigating agency seized fake documents from a premises wherein the petitioner was also present. It was found that the petitioner used to create fake documents at the instance of other accused.

In view of the above and since allegations made are grave in nature and affecting the public at large, the request of the petitioner

cannot be considered.

Accordingly, the Criminal Petition is dismissed. _________________________ JUSTICE C. PRAVEEN KUMAR 18.07.2016 vhb