High Court for State of TelanganaWP/44991/2016disposed of no costs

M.V.S.G. Tilak v. The State Of Andhra Pradesh,

2017-01-06Raja Elango3 pages

THE HONOURABLE SRI JUSTICE RAJA ELANGO WRIT PETITION No.44991 OF 2016 ORDER:

This writ petition is filed under Article 226 of the Constitution of India seeking to quash the proceedings in F.I.R.No.548 of 2016 on the file of IV Town Police Station, Visakhapatnam City. Heard and perused the material available on record. Case of the petitioner is that 4th respondent filed a false complaint against him before the 2nd respondent and the same was registered as the aforementioned case for the offences punishable under Sections 420 and 406 I.P.C.; that he is no way concerned with the allegations made in the complaint; that the complaint does not contain any incriminating material; that he never did any criminal activities and the 3rd respondent is trying to arrest him without following the due process of law.

Learned Assistant Government Pleader for Home submitted that on the basis of the said complaint, a case was registered against the petitioner and the police concerned are investigating the matter in accordance with law.

Considering the facts and circumstances of the case and the grievance of the petitioner and in view of the fact that the petitioner is ready to cooperate with the investigation, without expressing any opinion on merits, this Court is of the view that the above crime can be investigated into without arresting the petitioner. Accordingly, the 2nd respondent is directed to complete the investigation in the aforementioned crime and file a final report, in

accordance with law in either way, without arresting the petitioner. The petitioner is directed to appear before the investigating officer concerned, and execute a personal bond for a sum of Rs.5,000/ - (Rupees five thousand only) with one surety for the like sum for his appearance as and when required for the purpose of investigation. With the above directions, the Writ Petition is disposed of. There shall be no order as to costs. Miscellaneous Petitions pending, if any, in this Writ Petition shall stand closed.

_______________ RAJA ELANGO, J January 06, 2017 KTL