Shaik Farooq v. The State Of Telangana
THE HONOURABLE Dr.JUSTICE B.SIVA SANKARA RAO CRIMINAL PETITION No.13893 of 2016 ORDER:
The petitioners are accused Nos.1 and 2 in Crime No.190 of 2016 of III Town Police Station, Karimnagar, registered for the offences punishable under Sections 406, 420, 307, 506 r/w 34 I.P.C, which is outcome of reference under Section 156 (3) Cr.P.C of private complaint, dated 01.08.2016, which was filed by defacto complainant-2nd respondent herein.
2) The complaint averments, according to the petitioner neither supported by any prior report to the police nor any filing of affidavit in referring the same to police for investigation. These are the matters left open for nothing to stall the investigation but for to say as it is outcome of the alleged occurrence on 30.07.2016 at about 9.00 am of the alleged wielding of knife from which he escaped unhurt in the attempt in setting up a case for the offence under Section 307 IPC, leave about other offences claimed outcome of the dispute purely, which are purely civil in nature, the petitioners are entitled to concession of bail.
3) Having regard to the above, the Criminal Petition is disposed of giving liberty to the petitioners/ accused Nos.1 and 2 to surrender before the Learned Magistrate concerned and with affidavit of surrender of even date move for regular bail before the learned Sessions Judge concerned with notice to the Public Prosecutor concerned and in such event, the learned Sessions Judge shall grant bail with necessary conditions if not on the same day, atleast by next day. Further remedies are left open in the event of police filing final
Dr SSRB, J Crlp_13893_2016 report and taking cognisance of any offence by the learned Magistrate.
__________________________ Dr. B.SIVA SANKARA RAO J, Date:28.09.2016 knl
THE HONOURABLE Dr.JUSTICE B.SIVA SANKARA RAO CRIMINAL PETITION No.13893 of 2016 Dt.30.09.2016 knl