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High Court for State of TelanganaWP/40504/2016disposed of no costs

Ruqia Parveen v. The State Of Telangana,

2016-11-23Raja Elango3 pages

THE HONOURABLE SRI JUSTICE RAJA ELANGO WRIT PETITION No.40504 OF 2016 ORDER:

This writ petition is filed seeking to quash Crime No.47 of 2016 on the file of Mir Chowk Police Station, Hyderabad against the petitioner.

2.

Heard and perused the material available on record. 3.

Case of the petitioner is that respondent No.4 filed a false complaint against her before respondent No.3 and the same was registered as the aforementioned case for the offences punishable under Sections 420, 468 and 471 I.P.C.; that the complaint does not contain any incriminating material against her; that she never did any criminal activities and respondent No.3 is trying to arrest her without following the due process of law and hence, prays to quash the said crime.

4.

Learned Assistant Government Pleader for Home submitted that on the basis of the said complaint, a case was registered against the petitioner and respondent No.3 is investigating the matter in accordance with law.

5.

The petitioner is not even shown as an accused in the complaint filed by respondent No.4 and she is added as accused No.9 only basing on the confession statements of other accused. Considering the facts and circumstances of the case and the grievance of the petitioner and in view of the fact that the petitioner is a lady, without expressing any opinion on merits, respondent No.3 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 execute a personal bond for a sum of Rs.5,000/- (Rupees five thousand only) with one surety for the like sum to the satisfaction of respondent No.3 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 23.11.2016 AMD

THE HONOURABLE SRI JUSTICE RAJA ELANGO WRIT PETITION No.40504 OF 2016 Date: 23.11.2016 AMD