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High Court for State of TelanganaWP/44988/2016disposed of no costs

Sunil Jain v. The State Of Telangana, Rep. By Its Principal Secretary,

2017-01-04Raja Elango3 pages

THE HONOURABLE SRI JUSTICE RAJA ELANGO WRIT PETITION No.44988 OF 2016 ORDER:

This writ petition is filed under Article 226 of the Constitution of India seeking to quash the proceedings in Crime No.224 of 2016 on the file of Central Crime Station, Hyderabad against the petitioners.

2.

Heard and perused the material available on record. 3.

Case of the petitioners is that respondent No.6 filed a false complaint against them before respondent No.5 and the same was registered as the aforementioned case for the offences punishable under Sections 420, 406 and 506 I.P.C.; that the complaint does not contain any incriminating material against them; that they never did any criminal activities and respondent No.5 is trying to arrest them without following the due process of law. 4.

Learned Assistant Government Pleader for Home submitted that on the basis of the said complaint, a case was registered against the petitioners and respondent No.5 is investigating the matter in accordance with law.

5.

It is informed by the learned counsel for the petitioners that in the complaint, the names of the petitioners herein were not found place; that the entire allegations are against the second son of petitioner No.1, who collected gold from respondent No.6 and failed to pay money to her, and he was already arrested and released on bail and that the petitioners herein are compelled to execute a bond in favour of respondent No.6. Considering the facts

and circumstances of the case and the grievance of the petitioners, without expressing any opinion on merits, respondent No.5 is hereby directed to complete the investigation in the aforementioned crime and file a final report, in accordance with law in either way, without arresting the petitioners. The petitioners are directed to appear before respondent No.5 daily between 10:00 A.M. and 5:00 P.M. for a period of twenty five (25) days and also execute a personal bond for a sum of Rs.5,000/- (Rupees five thousand only) each with one surety for the like sum each for their appearance as and when required for the purpose of investigation. 6.

With the above direction, the Writ Petition is disposed of. There shall be no order as to costs.

7.

Miscellaneous Petitions pending, if any, in this Writ Petition shall stand closed.

_________________________ JUSTICE RAJA ELANGO 4.1.2017 AMD

THE HONOURABLE SRI JUSTICE RAJA ELANGO WRIT PETITION No.44988 OF 2016 Date: 4.1.2017 AMD