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High Court for State of TelanganaCRLP/4711/2016disposed of no costs

Bobbala Mohan Reddy, v. The State Of Telangana,

2016-04-04Raja Elango2 pages

THE HONOURABLE SRI JUSTICE RAJA ELANGO CRIMINAL PETITION Nos.4711 OF 2016 ORDER:

This Criminal Petition is filed by the petitioner - A1 under Section 482 Cr.P.C. seeking to quash the proceedings against him in Crime No.32 of 2016 on the file of II-Town Police Station, Karimnagar, registered for the offences punishable under Sections 342, 365, 384, 406, 420, 448 and 506 r/w.34 IPC and 25 (1B) of the Indian Arms Act. Heard and perused the material available on record. The case of the prosecution is that the 2nd respondent took loan of Rs.20,00,000/- lakhs and Rs.2,00,000/- for his brother from the petitioner by executing promissory notes and giving blank signed cheques and he repaid the said amounts with interest. But, the petitioner without giving the promissory notes and cheques, demanding the 2nd respondent to pay additional interest of 4% for the borrowed amounts and also threatened them with his revolver.

Learned counsel for the petitioner submitted that the petitioner was arrested on 01.11.2015 in another case, registered for the offences punishable under Sections 306 IPC and 3, 5 (a) & (b) of the Andhra Pradesh (Telangana Area) Money Lenders Act, on the file of the same police station and thereafter, the investigating agency filed PT warrants for production of the petitioner before the Court concerned in 43 cases, and he was remanded to judicial custody and he was granted bail in all the 43 cases and was released on 14.03.2016 since the police failed to file charge sheet within statutory period.

Further, the present crime is also pending on the same police station where the other cases are pending and the cases are arising out of the same transaction in the same district and even after knowing the pendency of the present crime, the police have not produced him on PT warrant before the Court concerned for remand and the police are trying to arrest the petitioner in the above case.

In view of the above submissions, the police concerned are directed to complete the investigation and file a final report, if any, without arresting the petitioner. In the event of necessity, the police concerned are directed to issue notice to the petitioner for his appearance before the investigating agency for the purpose of

investigation. On issuance of such notice, the petitioner shall appear before the investigating agency and give an undertaking as to his future appearance as and when required by the investigating agency for the purpose of investigation.

With the above directions, the Criminal Petition is disposed of. Consequently, miscellaneous petitions pending, if any, shall stand closed.

______________ RAJA ELANGO, J April 04, 2016.

KTL