Dharavath Raju v. State Of Telangana

HON'BLE SRI JUSTICE U.DURGA PRASAD RAO CRIMINAL PETITION No.7233 of 2018 ORDER:

This Criminal Petition is filed by petitioners/A22 and A32 under Section 482 Cr.P.C, to quash the proceedings against them in Crime No.74 of 2018, of Miryalaguda I Town Police Station, Nalgonda District, registered for the offences under Sections 409 and 420 IPC.

The gravamen of the charge is that one G.Kishan, who was working as Higher Grade Assistant in claims department of LIC of India, has cheated the LIC department by creating fake death claims in respect of policy holders and withdrew the amounts and caused loss to a tune of Rs.80,51,790/-. The investigation is reported to be pending.

The submission of learned counsel for petitioners is that the other accused are not part of the offence and they have not connived with A1 and registration of FIR against them is an abuse of process of the Court. It is seen that investigation is at the nascent stage and investigating agency has to complete the investigation to annul the truth. Therefore, at this stage, the complicity or innocence of the petitioners cannot be decided. Having regard to the facts of the case, the investigating officer shall proceed with the investigation and during the course of investigation he shall scrupulously follow the guidelines rendered by the Hon'ble Apex Court in Arnesh Kumar V. State of Bihar1 and also Section 41-A Cr.P.C., and complete the investigation expeditiously. Petitioners/A22 and A32 are directed to cooperate with the investigating agency for smooth completion of investigation.

1 (2014) 8 SCC 273

UDPR, J Accordingly, the Criminal Petition is disposed of. As a sequel there to, miscellaneous applications, pending if any, shall stand closed.

_________________________ U.DURGA PRASAD RAO, J Date: 12.07.2018 kvrm