Guntur Francis v. The State Of Andhra Pradesh,

HONOURABLE SRI JUSTICE RAJA ELANGO WRIT PETITION No.44312 of 2016 ORDER:

This writ petition is filed by the petitioner under Article 226 of the Constitution of India seeking to quash the proceedings against him in FIR No.24 of 2011 on the file of Tekkali Police Station, Srikakulam District.

Heard and perused the material available on record. The above crime was registered for the offences under Sections 420, 120(B), 406, 407, 468 and 471 r/ w 34 IPC. It is alleged that accused Nos.1 to 3 were entrusted 1606 works to a tune of Rs.55.20 crores and the payments were made to the accused as per the agreements. It is further alleged that the above accused in the above crime quoted higher rates for the works in the year 2006 and three firm proprietors are involved in obtaining higher rates and the entire process is fraudulent and the structures were not erected as per the agreement. It is the case of the petitioner that he is no way concerned with the alleged offence and he has not participated in the alleged offence in any angle. The petitioner filed this writ petition challenging the investigation in the above crime.

This Court is not inclined to interfere with the investigation in the above crime. However, considering the facts and circumstances of the case and the grievance of the petitioner, this Court is of the view that the present crime can be investigated into without arresting the petitioner.

Accordingly, the respondents 2 and 3 are directed to complete the investigation in the above crime, and file a final report, in accordance with law in either way, without arresting the petitioner.

The petitioner is directed to appear before the investigating officer concerned, and execute a personal bond for a sum of Rs.5,000/ - (Rupees Five Thousand only) with one surety for the like sum, as surety for his future appearance as and when required by the investigating officer for the purpose of investigation.

With the above directions, the Writ Petition is disposed of. No costs. Consequently, miscellaneous petitions pending, if any, shall stand closed.

______________ RAJA ELANGO, J December 20, 2016.

KTL