Mr.Mohd.Nawaz Khan v. The State Of Telangana

HONOURABLE SRI JUSTICE A. SHANKAR NARAYANA CRIMINAL PETITION No. 13990 OF 2016 ORDER:

The petitioner, who is arraigned as A.3, seeks quashing of FIR No.135 of 2016 on the file of Mirchowk Police Station, Hyderabad, registered for the offence punishable under Section 380 r/w 34 I.P.C. The petitioner alleged to have committed the said offence along with three more accused, who are arraigned as A.1, A.2 and A.4. Learned counsel for the petitioner would submit that earlier, A.2 and A.4 in the very same crime approached this Court and filed Criminal Petition No.13321 of 2016. This Court, by order dated 19.09.2016, while directing the Investigating Agency to proceed with the investigation, ordered not to arrest A.2 and A.4 till the investigation is completed and charge sheet is laid, with certain other directions as contained in paragraph No.4 therein. Learned counsel would further submit that the petitioner's name is not at all occurring in the complaint lodged.

Be that as it may, on the same lines, the present Criminal Petition is disposed of directing the Investigating Agency to proceed with the investigation against the petitioner/A.3 also, however, without arresting him in the above crime, till the investigation is completed and charge sheet is laid. The petitioner shall appear before the Investigating Agency as and when required during the course of investigation and cooperate with the Investigating Agency for early completion of the investigation.

As a sequel thereto, Miscellaneous Applications, if any, pending in this appeal stand disposed of.

__________________________ A. SHANKAR NARAYANA, J Date: 29.09.2016 Note: Issue CC by tomorrow B/o va