Sankeesha Nagaraju v. The State Of Telangana,

IN THE HIGH COURT OF JUDICATURE AT

HYDERABAD FOR THE STATE OF TELANGANA AND THE STATE OF ANDHRA PRADESH ***** CRIMINAL PETITION No.7956 of 2015 Between:

Sankeesha Nagaraju and others.

... Petitioner and The State of Telangana rep. by the Public Prosecutor and another ... Respondents DATE OF JUDGEMENT PRONOUNCED: 14-08-2015 SUBMITTED FOR APPROVAL:

HONOURABLE Dr. JUSTICE B.SIVA SANKARA RAO

1. Whether Reporters of Local newspapers may be allowed to see the Judgment?

Yes/No

2. Whether the copies of judgment may be Yes/No marked to Law Reporters/Journals?

3. Whether Their Ladyship/Lordship wish to

Yes/No see the fair copy of the Judgment?

HONOURABLE Dr. JUSTICE B.SIVA SANKARA RAO CRIMINAL PETITION No.7956 of 2015 ORDER :

This Criminal Petition is filed by the Petitioners/Accused under Section 482 Cr.P.C seeking to quash the proceedings in Crime No.113 of 2015 of Karimnagar Police Station, registered at the instance of the 2nd respondent for the offence punishable under Sections 420 r/w.34 IPC.

2. Heard the learned counsel for the petitioners and the 1st respondent-State represented by the Public Prosecutor before admission, before ordering notice to the 2nd respondent and perused the material on record.

3. A perusal of the record, the factual matrix does not admit the application for quashing of F.I.R. but for say investigation shall go on. Though it is the contention of counsel for the petitioners that even from the very report there is no such allegation that the petitioners at the inception have cheated the 2nd respondent. It is alleged that the stocks of maize and paddy was purchased by the

petitioners and not paid the balance amount to 2nd respondent.

4.

Having regard to the above, the petitioners/accused are entitled to the concession of bail. Thereby, the Criminal Petition is disposed of giving liberty to the petitioners/accused to surrender before the learned Magistrate and move regular bail with notice to the A.P.P concerned. In such event, the learned Magistrate shall grant bail on the same day with necessary conditions. The learned Judge can dispense with the presence of the petitioner/accused at post bail stage pending investigation before the Court. Further remedies, if any, are left open in the event of filing charge sheet for any of the offences and any cognizance taken by the learned Magistrate. Consequently, the miscellaneous petitions, if any pending, shall stand closed.

_________________________ Dr. B. SIVA SANKARA RAO, J 14-08-2015 nvl