Mr. Sukesh Gupta, v. The State Of Telangana,
HONOURABLE Dr. JUSTICE B.SIVA SANKARA RAO CRIMINAL PETITION Nos.9411 and 9487 of 2017 COMMON ORDER :
Heard learned counsel for the respective petitioners, A11 in Crl.P.No.9411 of 2017 and A10 in Crl.P.No.9487 of 2017, outcome of Crime No.109 of 2017 of Bhanoor Police Station of Sangareddy District, registered for the offences punishable under Sections 120b, 406, 420, 506 r/ w 34 I.P.C. and Section 138 of the Negotiable Instruments Act (for short 'the Act') and the learned Public Prosecutor representing the State before ordering notice to the de facto complainant and perused the grounds urged in the quash petition.
So far as the offence under Section 138 of the Act, for which also the crime registered is concerned, perse, if at all for the said offence, but for on private complaint, no cognizance can be taken on police report by registration of crime and investigation.
So far as the other offences are concerned, insofar as A11S.Veerender role is not mentioned, from the remand report of A4-Venkata Sastry so called disclosure about the petitioner/ A11, working as P.A. to M.L.A., T.Jayaprakash Reddy/ A1 and he encashed some cheques on his direction.
Insofar as A10 is concerned, it is the claim that he is the purchaser from the original owners, A6 to A9 among others if any, along with the other purchasers if any among A2 to A5 individually.
Perused the order passed by the another Bench of this Court insofar as A1 concerned, granting interim stay of investigation on 18.09.2017 for a period of four weeks in Crl.P.No.8165 of 2017 with the observation that the transactions taken place in the year 2008 and 2010, whereas the crime reported in the year 2017.
Having regard to the above, there shall be interim stay of arrest of the petitioners/ A10 and A11.
However, the investigation shall go on, because the learned Public Prosecutor from the part of investigation material submits that there is abundant record against the accused persons to point out their complicity respectively without going into the merits. Accordingly, both the Criminal Petitions are disposed of. Consequently, miscellaneous petitions, if any, pending shall stand closed.
_________________________ Dr. B. SIVA SANKARA RAO, J Date:09-10-2017 pab