High Court for State of TelanganaCRLP/2142/2016disposed of no costs

Syed Ahmed Hussain v. Mohd Jalaluddin Anwar

2016-02-22Raja Elango2 pages

THE HON'BLE SRI JUSTICE RAJA ELANGO Criminal Petition No.2142 of 2016 ORDER:

This Criminal Petition is filed under Section 482 Cr.P.C. seeking to quash proceedings initiated against the petitioners/A-1 to A-5 in Crime No.299 of 2015 on the file of Adilabad Police Station registered for the offences punishable under Sections 379, 382, 506, 323 read with Section 34 IPC, wherein the petitioners arrayed as accused 1 to 5.

Heard and perused the material available on record. A reading of the material on record reveals that the present crime is registered on a reference of a complaint being made by the learned Magistrate under Section 156 (3) Cr.P.C. The main grievance of the petitioners is that the present complaint was lodged because of earlier disputes among the parties concerned; that on the date of occurrence, the first petitioner/A-1 was not in India and he is in abroad and to that effect he filed some documents; and that the complaint does not disclose the offences for which the case was registered.

Having regard to the facts and circumstances of the cases and in view of the nature of the offences alleged against the petitioners, this Court is not inclined to interfere with the proceedings against the petitioners. The truth or otherwise of the allegations made in the complaint can be determined by the investigating agency. However, in view of the submission of the learned counsel for the petitioners that the petitioners are apprehending arrest in view of pendency of the above crime, the police concerned are directed to complete the investigation without

arresting the petitioners and file the final report in accordance with law. The petitioners are directed to appear before the Investigating Agency as and when their presence is required, and cooperate with the Investigating Agency.

With the above observation, the Criminal Petition is disposed of. As a sequel thereto, miscellaneous petitions, if any, pending shall stand closed.

_________________ RAJA ELANGO, J Date: 22-02-2016 Ksn