Kattiboyna Siva Sankara v. The State Of Andhra Pradesh, Rep. By Its Principal Secretary

THE HON'BLE SRI JUSTICE RAJA ELANGO WRIT PETITION No.39476 OF 2016 ORDER:

The writ petition is filed by the petitioner seeking a writ of mandamus declaring the action of the respondents 2 and 3 in implicating the petitioners in F.I.R.No.39 of 2016 for the offences under Sections 420, 406 and 506 IPC, basing on the statements of L.W.3 and L.W.9 as illegal and arbitrary, and consequently to quash the same.

Heard and perused the material.

Learned counsel for the petitioners submits that the petitioners have been falsely implicated in the present crime basing on the statements of L.Ws.3 and 9 and that they have not committed any of the offences as alleged against them. Hence, she prays this Court to quash the same. This Court is not inclined to quash the proceedings against the petitioners at the threshold. However, taking into consideration the facts and circumstances of the case, the second respondent is directed to complete the investigation without arresting the petitioners and file final report, if any, in accordance with law. The petitioners are also directed to appear before the second respondent for a period of ten days between 10.00 a.m., and 5.00 p.m., for investigation and also to execute a personal bond for a sum of Rs.5,000/- (Rupees five thousand only) each with one surety for the likesum each for their future appearance as and when required.

The writ petition is accordingly disposed of. Consequently, miscellaneous petitions, if any shall also stand disposed of. _____________________ JUSTICE RAJA ELANGO 28.12.2016 pln