L.Rajendra Prasad v. The State Of Telangana

HONOURABLE SRI JUSTICE RAJA ELANGO WRIT PETITION No.37577 of 2016 ORDER:

This writ petition is filed by the petitioners under Article 226 of the Constitution of India seeking to call for the records relating to FIR No.179 of 2016 on the file of Station House Officer, CCS, Hyderabad - 2nd respondent, and consequently, set aside the same. Heard and perused the material available on record. The respondents 3 & 4 lodged a complaint against the petitioner alleging that the petitioner misappropriated the funds of the Telugu Cine and TV Production Assistants Union, during his tenure as President of the said Union and purchased a vast extent of land on his name. The grievance of the petitioner is that since his predecessor misappropriated the funds of the union to a tune of Rs.40,00,000/ - he filed money recovery case against him, due to which he bore grudge against the petitioner and lodged the present case through the respondents 3 and 4.

The petitioner filed the present writ petition challenging investigation in the above crime. This Court is not inclined to interfere with the investigation. However, taking into consideration the facts and circumstances of the case, this Court is of the view that the investigation can be completed without arresting the petitioner. Accordingly, the 2nd respondent is directed to complete the investigation and file a final report in the above Crime, in accordance with law in either way, without arresting the petitioner. The petitioner

is also directed to appear before the investigating officer concerned as and when required, and cooperate with the investigation. With the above direction, the Writ Petition is disposed of. There shall be no order as to costs. Miscellaneous petitions, if any, pending in this writ petition shall stand closed.

______________ RAJA ELANGO, J November 03, 2016 KTL