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High Court for State of TelanganaCRLP/6879/2016disposed of no costs

V. Madhusudhana Rao, S/O. V. Yellaiah v. State Of Andhra Pradesh, Rep. By Its Public Prosecutor

2016-07-28M.S.K.Jaiswal2 pages

HON'BLE SRI JUSTICE M.S.K.JAISWAL Criminal Petition No.6879 of 2016 ORDER :

This Criminal Petition is filed under Section 482 of Cr.P.C. by the petitioners/accused Nos.1 to 7 seeking to quash Crime No.107 of 2016 on the file of Tadipatri Urban P.S., for the offences under Sections 406, 420 r/w. 34 of IPC. Heard the learned counsel for the petitioners/accused Nos.1 to 7 and the learned Public Prosecutor and perused the material available on record.

Having regard to the facts and circumstances of the case and also in view of the nature of offences alleged against petitioners/accused Nos.1 to 7 are serious in nature, which have to be investigated into by the investigating agency, this Court is not inclined to interfere with the proceedings initiated against the petitioners/accused.

However, in view of submissions of the learned counsel for petitioners that petitioner Nos.1 to 4, 6 and 7/accused Nos.1 to 4, 6 and 7 are apprehending of their arrest in view of the pendency of the above crime, the police concerned are directed to complete the investigation into the crime without arresting the petitioner Nos.1 to 4, 6 and 7/accused Nos.1 to 4, 6 and 7 and without violating the provisions of Section 41(a) Cr.P.C. Petitioner No.5/accused No.5 is directed to appear before the Police as and when required and submit all the documents which he wants to place before the Police and the Police shall verify the same before filing charge sheet, if any, in

accordance with law. However, in the event of necessity, the police concerned are directed to issue notice to petitioner Nos.1 to 4, 6 and 7/accused Nos.1 to 4, 6 and 7, requiring them to appear before the investigating agency for the purpose of investigation and on issuance of such notice, the petitioner Nos.1 to 4, 6 and 7/accused Nos.1 to 4, 6 and 7 shall appear before the investigating agency and give an undertaking as to their future appearance as and when required by the investigating agency for the purpose of investigation. Accordingly, the Criminal Petition is disposed of. Consequently, the miscellaneous petitions pending in this petition, if any, shall stand closed.

__________________ M.S.K.JAISWAL, J 28th July 2016 ajr