K. Mahendra v. The State Of Telangana,

HONOURABLE SRI JUSTICE RAJA ELANGO WRIT PETITION No.38357 OF 2016 ORDER:

This writ petition is filed by the petitioner under Article 226 of the Constitution of India seeking to call for the records pertaining to FIR No.208 of 2016 of chinnakodur Police Station, Siddipet District, and to quash the same.

Heard and perused the material available on record. The 3rd respondent lodged a complaint stating that her husband was worked as a Manager in Kanakadurga Chit Fund Finance Company, and that her husband arranged a loan of a sum of Rs.1,30,000/ - to the petitioner from that company, but the petitioner did not repay the said amount, due to which her husband committed suicide by hanging and a suicide note is also found in his pocket.

Learned counsel for the petitioner submitted that the petitioner is no way concerned with the alleged offences and that the petitioner is not at all responsible for the death of the husband of the 3rd respondent and with a view to harass him the present complaint is lodged. Learned Assistant Government Pleader submitted that on the basis of the complaint of the 3rd respondent, the above crime is registered against the petitioner and that the police concerned are investigating into the matter in accordance with law. Considering the facts and circumstances of the case and also the submissions of the learned counsel for the petitioner, without going into the merits of the case, this Court is of the view that the investigation can be completed without arresting the petitioner.

Accordingly, the 2nd respondent is directed to complete the investigation and file a final report, if any, in either way, without arresting the petitioner. The petitioner is also directed to appear before the investigating officer concerned and execute a personal bond for a sum of Rs.10,000/ - (Rupees ten thousand only) with one surety for the like sum for his appearance before the investigating agency as and when required for the purpose of investigation.

With the above directions, the Writ Petition is disposed of. No order as to costs. Miscellaneous petitions, pending if any, shall stand closed.

_____________ RAJA ELANGO, J November 08, 2016.

KTL