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High Court for State of TelanganaWP/41171/2016disposed of no costs

K. Satish Kumar v. The State Of Telangana,

2016-12-06Raja Elango3 pages

THE HONOURABLE SRI JUSTICE RAJA ELANGO WRIT PETITION No.41171 OF 2016 ORDER:

This writ petition is filed under Article 226 of the Constitution of India seeking to quash the proceedings in Crime No.339 of 2016 on the file of Bowenpalli Police Station, Hyderabad. 2.

Heard and perused the material available on record. 3.

Case of the petitioners is that respondent No.4 filed a false complaint against them before respondent No.3 and the same was registered as the aforementioned case for the offences punishable under Sections 420, 419, 448, 323, 506 and 504 read with 34 I.P.C.; that the complaint does not contain any incriminating material against them; that they never did any criminal activities and respondent No.3 is trying to arrest them without following the due process of law.

4.

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

5.

The case arose out of some civil disputes between the parties. The allegations are not so serious in nature. Considering the facts and circumstances of the case and the grievance of the petitioners, 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 petitioners. The

petitioners are directed to appear before respondent No.3 daily between 10:00 A.M. and 5:00 P.M. for a period of ten (10) days and shall execute a personal bond for a sum of Rs.5,000/- (Rupees five thousand only) each with one surety for the like sum each for their 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 6.12.2016 AMD

THE HONOURABLE SRI JUSTICE RAJA ELANGO WRIT PETITION No.41171 OF 2016 Date: 6.12.2016 AMD