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High Court for State of TelanganaWP/41865/2016disposed of no costs

Pradeep Agarwal, v. The State Of Telangana,

2016-12-16Raja Elango3 pages

THE HONOURABLE SRI JUSTICE RAJA ELANGO WRIT PETITION No.41865 OF 2016 ORDER:

This writ petition is filed under Article 226 of the Constitution of India seeking to quash F.I.R.No.597 of 2016 on the file of Rajendranagar Police Station, Ranga Reddy District. 2.

On 01-12-2016, this Court directed the respondents not to arrest the petitioner for a period of two weeks. 3.

Heard and perused the material available on record. 4.

Case of the petitioner is that respondent No.3 filed a false complaint against him before respondent No.2 and the same was registered as the aforementioned case for the offence punishable under Section 9(i) (m) of the Protection of Children from Sexual Offences Act, 2012 read with Section 10 of the said Act; that the complaint does not contain any incriminating material; that he never did any criminal activities and respondent No.2 is trying to arrest him without following the due process of law. 5.

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.2 is investigating the matter in accordance with law.

6.

Considering the facts and circumstances of the case and the grievance of the petitioner and in view of the fact that the

petitioner is ready to cooperate with the investigation, without expressing any opinion on merits, respondent No.2 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 appear before the 2nd respondent daily between 10.00 a.m. and 5 p.m. for a period of one week and he shall execute a personal bond for a sum of Rs.5,000/ - (Rupees five thousand only) with one surety for the like sum for his appearance as and when required for the purpose of investigation.

7.

With the above direction, the Writ Petition is disposed of. There shall be no order as to costs.

8.

Miscellaneous Petitions pending, if any, in this Writ Petition shall stand closed.

______________________ JUSTICE RAJA ELANGO 16.12.2016 Prv

THE HONOURABLE SRI JUSTICE RAJA ELANGO WRIT PETITION No.41865 OF 2016 Date: 16.12.2016 Prv