Farah Khan, v. P.Santosh Kumar,

HON'BLE SRI JUSTICE A. SHANKAR NARAYANA CRIMINAL PETITION No.1329 OF 2017 ORDER:

The present petition is filed under Section 482 of the Code of Criminal Procedure, 1973, requesting to quash the First Information Report in Crime No.1052 of 2016 of Banjara Hills Police Station, Hyderabad City.

2.

The petitioner herein is arraigned as accused No.3 and she along with accused Nos.1 and 2 alleged to have committed the offences punishable under Sections 420, 406, 408 and 508 of the Indian Penal Code, 1860 (IPC).

3.

Sri A. Ravi Shankar, learned counsel for the petitioner, having elaborately submitted the arguments, however, confined urging that atleast a chance be given to the petitioner to appear before the investigating agency as to project her case that she is falsely implicated in the present crime on the mere ground that she was said to have seen in the Innova Car and as per Section 41A of the Cr.P.C., the Investigating Officer is required to issue a notice.. 4.

The complaint allegations are also to the effect that the petitioner was found in Innova Car which was given to the accused No.1 and in that connection a sum of Rs.1,50,000/- was also received by the de facto complainant, but, later neither the Innova Car was given nor accused No.1 was found and after lapse of some time, the said Innova car was found in GVK mall, where the petitioner appears

to have been found in the said Innova Car. Therefore, it is a case where the Investigating Officer is under obligation to issue notice under Section 41-A of the Cr.P.C. by following the procedure. 5.

Accordingly, the criminal petition is dismissed with the direction above indicated.

6.

Miscellaneous applications, if any pending in this criminal petition, stand closed.

___________________________ A. SHANKAR NARAYANA, J 17th February 2017 mar