M. Balaji Naik v. The State Of Telangana

THE HON'BLE SRI JUSTICE A.RAMALINGESWARA RAO WRIT PETITION No. 12497 of 2017 ORDER:

This writ petition is filed challenging the action of respondent Nos.4 and 5 in calling the petitioner to the Police Station, Malkajgiri without any complaint against him or without following due process of law.

Learned Government Pleader for Home, on the basis of written instructions, submits that the wife of the petitioner lodged a complaint before the X Metropolitan Magistrate, Malkajgiri against the petitioner and four others and the same was referred to the Police for investigation and report under Section 156 (3) Cr.P.C. On receipt of the said complaint, a case in Crime No.212 of 2017 was registered for the offences punishable under Sections 498-A, 494 and 506 IPC. The petitioner is the first accused in the said crime. In view of the above, this Court is not inclined to interfere with the investigation process, but directs respondent No.4 to continue the investigation in accordance with law by complying with the provisions of Section 41 (A) Cr.P.C.

The writ petition is accordingly disposed of. Miscellaneous petitions, if any, pending in this writ petition shall stand closed. There shall be no order as to costs. ________________________ A.RAMALINGESWARA RAO,J Dt:17.04.2017 kdl