High Court for State of TelanganaCRLP/1822/2016disposed of no costs

P. Nagendra v. B.Ram Kumar

2016-02-15Raja Elango2 pages

THE HONOURABLE SRI JUSTICE RAJA ELANGO CRIMINAL PETITION No.1822 OF 2016 ORDER:

This Criminal Petition is filed under Section 482 of Code of Criminal Procedure (Cr.P.C) by the petitioner-accused seeking to quash the proceedings in FIR No.445 of 2015 of Bowenpally Police Station, Hyderabad, registered for the offences under Sections 408 & 420 IPC.

Heard the learned counsel for the petitioner - accused and the learned Public Prosecutor and perused the material available on record.

The Service Manager of Lot Mobiles Private Limited lodged a complaint against the petitioner alleging that he misused the mobiles (total Nos.112) without return the same to the warehouse of the de facto complainant company, sold the said mobiles in the outside market.

Learned counsel for the petitioner submitted that the petitioner earlier worked in the said company and due to differences, he left the company and due the same, the present case was foisted against him and that the petitioner is apprehending arrest in view of the pendency of the above crime and he is ready to cooperate with the investigation. Earlier this Court dismissed the bail application filed by the petitioner. Even after that also, the respondent police have not taken any steps to secure the presence of the petitioner. Having regard to the facts and circumstances of the case and also in view of the nature of offence alleged against the petitioner, this Court is not inclined to interfere with the proceedings against the petitioner. However, in view of the submission of the learned counsel for the petitioner that the petitioner is apprehending arrest in view of the pendency of the

above crime, the police concerned are directed to complete the investigation without arresting the petitioner and file the final report in accordance with law. The petitioner is directed to appear before the Investigating Agency as and when his presence is required, and cooperate with the Investigating Agency. With the above direction, the Criminal Petition is disposed of. Consequently, miscellaneous petitions, if any, pending, shall stand closed.

______________ RAJA ELANGO, J February 15, 2016.

KTL