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High Court for State of TelanganaWP/38457/2016disposed of no costs

U. Arogya Mary, v. The State Of Telangana,

2016-11-09Raja Elango2 pages

THE HONOURABLE SRI JUSTICE RAJA ELANGO WRIT PETITION No.38457 of 2016 ORDER:

This writ petition is filed seeking to call for records in Crime No.471 of 2016 and to quash the same.

Heard and perused the material available on record. The main grievance of the petitioner is that the petitioner is a lady, who is shown as A-2 in the above said crime and that the petitioner came to know about the said crime when she received a notice under Section 138 of the Negotiable Instruments Act, dated 01.06.2015. The 3rd respondent lodged a complaint against the petitioner before the III Metropolitan Magistrate, Cyberabad, Ranga Reddy District, which was referred to the police for investigation and in pursuance of the same, the 2nd respondent registered the same as FIR No.471 of 2016 for the offences under Sections 419, 420, 425 & 120-B IPC. It is alleged in the complaint that the 3rd respondent entered into an agreement of sale with A-1, who is the husband of the petitioner, in respect of house No.

4-6/1, Budhanagar, Peerzadiguda, on 17.06.2015 and at the time of agreement, the 3rd respondent paid Rs.3,00,000/- and later the 3rd respondent came to know that the agreement of sale which was given by A-1 was not genuine one and created by A-1 to cheat the 3rd respondent. Learned counsel for the petitioner submitted that the petitioner is also added as an accused since she is the wife of A-1 and that she is a Government employee.

Considering the grievance of the petitioner and the submissions of the learned counsel for the petitioner, the 2nd respondent is directed to complete the investigation in Crime No.471 of 2016, as expeditiously as

possible and file a final report, if any, either way in accordance with law, without arresting the petitioner.

Accordingly, the Writ Petition is disposed of. No costs. Pending Miscellaneous Petitions, if any, shall stand closed. ___________________ RAJA ELANGO,J Date: 9th November, 2016 KL