← Library
High Court for State of TelanganaCRLP/14554/2016dismissed

K. Rajesh Kumar v. The State Of Telangana,

2016-10-17M.Satyanarayana Murthy2 pages

THE HON'BLE SRI JUSTICE M. SATYANARAYANA MURTY Crl.P.No.14554 of 2016

ORDER

This petition is filed under Section 482 Cr.P.C., to quash the FIR in Cr.No.458 of 2015 of Kukatpally Police Station, Cyberabad District, registered for the offence punishable under Section 420 IPC, against the petitioner.

2.

The main allegation against the petitioner is that he collected an amount of Rs.3 lakhs from the de facto complainant-second respondent promising to provide employment in Bangkok, but failed to do the same. Hence, the de facto complainant filed the complaint against him.

3.

The petitioner filed Crl.M.P.No.1864 of 2015 in Cr.No.458 of 2015 before the XIII Additional District and Sessions-cumMetropolitan Sessions Judge, Ranga Reddy District, Cyberabad, for pre-arrest bail and the same was dismissed by order dated 05.09.2015 with an observation that the petition was premature.

Aggrieved by the said order, petitioner filed Crl.P.No.9740 of 2015 before this Court and this Court granted pre-arrest bail by order dated 29.09.2015. The only grievance of the petitioner is that though the crime was registered in June, 2015, i.e., 15 months ago, investigation is not completed and charge sheet is not filed.

4.

Learned counsel for the petitioner contended that the police are harassing the petitioner to appear before them on every date fixed by them. He contended that as the petitioner is residing at

MSM, J Crl.P.No.14554 of 2016 Bapatla of Guntur District, it is difficult for him to appear before the Court below.

5.

In view of the limited scope of the relief claimed by the petitioner, it is impermissible to grant such prayer. However, petitioner is directed to move an application under Rule 37 or under any other provision of Criminal Rules of Practice to dispense with his presence and to be represented by a special vakalath holder, and on filing such application, the Court concerned is directed to pass appropriate order in accordance with law.

6.

With the above direction, the Criminal Petition is disposed of. Miscellaneous petitions, if any, pending in this criminal petition shall stand closed.

_____________________________ M. SATYANARAYANA MURTY, J 17th October, 2016 sj