C.M. Sreenivas v. The State Of Telangana

HON'BLE Dr. JUSTICE B. SIVA SANKARA RAO CRIMINAL PETITION No.5028 of 2018 ORDER :

This criminal petition filed under Section 438 Cr.P.C. by the petitioner/A.1 in Crime No.460 of 2016 of Neredmet Police Station, Cyberabad, dated 14.09.2015, registered for the offences punishable under Sections 120(b), 420, 419, 441, 463, 468 and 471 read with 34 IPC.

2.

Heard learned counsel for the petitioner and learned Public Prosecutor, representing the State, and perused the material on record. 3.

This is not a fit case to grant any anticipatory bail from the perusal of the entire material on record, though several lacunas pointed out including of the report given by the so-called G.P.A. holder-S.J. Krepanand on behalf of C.Ravi Shankar, with no any G.P.A., much less with G.P.A. number mentioned in the report including at the last page of seven pages. Apart from, sister of C.Ravi Shankar, by name, C.Bhavani Shree, even resident of Bangalore, not given any report and the property was already sold in 2004 itself. 4.

A perusal of the material shows, there is prima facie accusation of impersonation. Thereby, once crime is already registered by the police it is a matter for defence and it is premature to go into the locus standi in the bail application stage, leave about the conventional protocols of the locus standi have no application in India for anybody can set the criminal law in motion as it is a crime against society.

5.

Accordingly, the criminal petition is dismissed. However, it will not prevent to get any regular bail. Needless to say, for none of the offences are punishable above seven years, police strictly follow Section 41-A Cr.P.C., in the event of any requirement of arrest of the crime pending for the past two years. Further, the police are directed to complete the investigation and file the final report within two months from today and submit compliance to the Registry, as there is no basis to keep the crime pending for more than two years without progress in investigation.

Miscellaneous petitions pending, if any, shall stand closed. ____________________________ Dr. B. SIVA SANKARA RAO, J 8th June 2018.

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