G.Giridhar Murari v. The Station House Officer M.R. Palli Police Station

THE HON'BLE SRI JUSTICE RAJA ELANGO WRIT PETITION Nos.36811, 36850 AND 36963 of 2016 ORDER:

These writ petitions are filed by the petitioners seeking a writ of certiorari to call for the records relating to F.I.R.Nos.217, 218, 219 and 220 of 2016 on the file of the first respondent and quash the same by directing the first respondent police to treat the complaints in F.I.R.Nos.217, 218, 219 and 220 of 2016 as Statements under Section 161 of Code of Criminal Procedure in F.I.R.No.214 of 2016 on the file of the first respondent. Heard and perused the material.

Learned counsel for the petitioners submits that all the crimes are arising out of the same transaction with regard to forgery of general power of attorney. He further submits that a case being F.I.R.No.214 of 2016 is registered for the said crime and the other crimes are registered basing on the statements under Section 161 Cr.P.C. He further submits that the petitioners are one and the same in all the cases and this Court, by order, dated 28.10.2016, passed in W.P.No.36618 of 2016, directed the respondents to investigate the matter without arresting the petitioners and to file final report, if any, in accordance with law. Considering the facts and circumstances of the case, the first respondent is directed to treat the F.I.R.Nos.217, 218, 219 and 220 of 2016 as the Statements under Section 161 CrPC., in connection with F.I.R.No.

214 of 2016 and investigate the matter and file final report, if any, in accordance with law. In view of the order, dated 28.10.2016, passed in W.P.No.36618 of 2016, the first respondent is directed not to arrest the petitioners in all the writ petitions. The petitioners are directed to appear before the first respondent as and when required and to produce all the documents necessary for the investigation. The petitioners are further directed to give their handwriting and signatures, if required by the investigating agency for the purpose of invetigation.

The writ petitions are accordingly disposed of. Consequently, miscellaneous petitions, if any shall also stand disposed of. _____________________ JUSTICE RAJA ELANGO 31.10.2016 pln