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High Court for State of TelanganaWP/40949/2016disposed of no costs

Kanna Yadav Sangam, v. The State Of Telangana,

2016-12-14Raja Elango3 pages

THE HONOURABLE SRI JUSTICE RAJA ELANGO WRIT PETITION No.40949 OF 2016 ORDER:

This writ petition is filed under Article 226 of the Constitution of India seeking to quash the proceedings in F.I.R.No.541 of 2016 on the file of Saroornagar Police Station, Cyberabad, Ranga Reddy District against the petitioners. 2.

Heard and perused the material available on record. 3.

Case of the petitioners is that respondent No.2 registered the aforementioned case against them for the offences punishable under Sections 406 and 420 I.P.C. and Section 24(1)(b) of the Immigration Act; that the complaint does not contain any incriminating material; that they never did any criminal activities and petitioner No.2 was already arrested and released on bail; that respondent No.2 is trying to arrest petitioner No.1 without following the due process of law.

4.

Learned Assistant Government Pleader for Home submitted that respondent No.2 is investigating the matter in accordance with law.

5.

Considering the facts and circumstances of the case and the grievance of the petitioners and in view of the fact that the petitioners are ready to cooperate with the investigation and petitioner No.2 was already arrested and released on bail and a charge sheet was also filed against him, without expressing any opinion on merits, petitioner No.1 is hereby directed to surrender before the XI Metropolitan Magistrate at L.B.Nagar, Cyberabad on

or before 15.1.2017 and file an application seeking bail and on such application being filed, petitioner No.1 shall be released on bail on his execution of a bond for a sum of Rs.10,000/- (Rupees ten thousand only) with one surety for the like sum to the satisfaction of the said Magistrate. Further, the petitioners shall appear before the said Magistrate as and when required. 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 14.12.2016 AMD

THE HONOURABLE SRI JUSTICE RAJA ELANGO WRIT PETITION No.40949 OF 2016 Date: 14.12.2016 AMD