P.Radhika v. 1. The Station House Officer,

THE HONOURABLE SRI JUSTICE RAJA ELANGO WRIT PETITION No.46046 OF 2016 ORDER:

This Writ Petition is filed under Article 226 of the Constitution of India seeking to declare the action of respondents 1 and 2 in registering Crime No.621 of 2016, dated 30.11.2016, on the file of Jagathgirigutta Police Station, Quthbullapur, Cyberabad, against the petitioner/A.1, as arbitrary and illegal and consequently, to set aside the same. 2.

Heard and perused the material available on record. 3.

Case of the petitioner is that respondent No.2 filed a private complaint against her before the XXIV Metropolitan Magistrate, Kukatpally at Miyapur, Cyberabad and the same was referred to the police for investigation under Section 156(3) Cr.P.C.; that respondent No.1 registered the same as the aforementioned crime for the offences punishable under Sections 420, 467, 468, 506 and 120-B read with 34 IPC; that admittedly civil suit is pending between the parties and basing on the same, the present case is foisted against the petitioner without any basis; that basing on registration of present crime, respondent No.1 is trying to arrest her without following the due process of law; that the petitioner is ready to co-operate with the investigation.

4.

Learned Assistant Government Pleader for Home submitted that on the basis of the present complaint, a case was registered against the petitioner and respondent No.1 is investigating the matter in accordance with law.

5.

Considering the facts and circumstances of the case and the grievance of the petitioner and in view of the fact that the petitioner is ready to co-operate with the investigation, without expressing any opinion on merits, respondent No.1 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 petitioner. The petitioner is directed to appear before respondent No.1 and execute a personal bond for a sum of Rs.5,000/- (Rupees five thousand only) with one surety for the like sum for her 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 28.12.2016 KL