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High Court for State of TelanganaCRLP/4982/2016disposed of no costs

Akula Venkatesham v. The State Of Telangana,

2016-04-11Raja Elango3 pages

THE HONOURABLE SRI JUSTICE RAJA ELANGO CRIMINAL PETITION No.4982 OF 2016 ORDER:

This petition is filed by the petitioner-accused under Section 482 Cr.P.C. seeking to quash the proceedings against him in Crime No.57 of 2016 on the file of Siddipet I Town Police Station, Medak District, registered for the offence punishable under Sections 420 and 506 IPC.

Heard and perused the material available on record. It is alleged that the de facto complainant approached the petitioner to borrow Rs.30 lakhs. The petitioner advanced the said amount on condition that if any plot is registered in his name. It is agreed that after discharge of the loan amount, the petitioner will reregister the plot in the name of the de facto complainant. The de facto complainant repaid some amount on different dates and requested the petitioner to take 1% interest on the remaining amount, for which, he did not agree. The petitioner abused him in filthy language and threatened him. When the de facto complainant was ready to pay the balance amount with 1% interest, the petitioner did not agree to reregister his plot.

Learned Counsel for the petitioner submitted that the present complaint has arisen out of money transaction and therefore, the proceedings against the petitioner can be quashed. Considering the facts and circumstances of the case and the allegations made against the petitioner, this Court is not inclined to grant the relief sought by the petitioner. However, the 1st respondentpolice are directed to complete the investigation and file a final report, if any, without arresting the petitioner. In the event of necessity, the 1st respondent-police are directed to issue a notice to the petitioner to appear before the investigating agency for the purpose of investigation.

appear before the investigating agency and give an undertaking as to his future appearance as and when required for the purpose of investigation.

Accordingly, the Criminal Petition is disposed of. Consequently, miscellaneous petitions pending, if any, shall stand closed. ______________________ JUSTICE RAJA ELANGO Date : 11.4.2016 Nn HONOURABLE SRI JUSTICE RAJA ELANGO

CRIMINAL PETITION No.4982 OF 2016 DATED 11.4.2016 Nn