Ganta Vara Prasad v. The State Of Telangana,

HONOURABLE SRI JUSTICE RAJA ELANGO WRIT PETITION No.38611 OF 2016 ORDER:

The present writ petition is filed by the petitioner seeking to call for the records relating to FIR No.50 of 2012 on the file of Venkatapuram Police Station, Khammam District, and consequently, quash the same. Heard and perused the material available on record. The petitioner lodged a complaint before the 4th respondent stating that while he was working as FAC MPDO of Venkatapuram, one N.K. Nagul Meera Vali, who is a Senior Assistant, has misappropriated the government funds of an amount of Rs.3,47,412/ - by forging his signatures on two cheques. Basing on the same, the above crime is registered. But, the 4th respondent officials are taking steps to arrest the petitioner.

Learned Assistant Government Pleader for Home, on instructions, submitted that during the course of investigation in the above crime, it came to know that the petitioner himself signed on the two cheuqes and misappropriated the government funds in collusion with said Meera Vali and after coming to know that the original cheques were collected by the MPDO, Venkatapuram, he lodged a false complaint against the said Meera Vali, therefore, the police are trying to apprehend him. The petitioner filed this writ petition challenging investigation in the above crime. Even though this Court is not inclined to interfere with the investigation, considering the facts and circumstances of the case, without going into the merits of the case, the respondents 2 to 4 are directed to complete the investigation in the above crime and file a final

report, in accordance with law in either way, without arresting the petitioner. The petitioner is also directed to appear before the investigating officer concerned, and execute personal bond for a sum of Rs.5,000/ - (Rupees five thousand only) with one surety for the like sum, for his future appearance for the purpose of investigation. With the above directions, the Writ Petition is disposed of. No costs. Consequently, miscellaneous petitions pending, if any, shall stand closed.

______________ RAJA ELANGO, J November 09, 2016 KTL