G.B.Narasimha Charlu, v. The State Of Telangana (Home Department),

THE HONOURABLE SRI JUSTICE RAJA ELANGO WRIT PETITION No.42509 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.298 of 2016 on the file of Abid Road Police Station, Hyderabad against the petitioner.

2.

Heard and perused the material available on record. 3.

Case of the petitioner is that respondent No.3 filed a false complaint against him before respondent No.2 and the same was registered as the aforementioned case for the offences punishable under Sections 406 and 420 I.P.C.; that the complaint does not contain any incriminating material; that he never did any criminal activities and respondent No.2 is trying to arrest him without following the due process of law.

4.

Learned Assistant Government Pleader for Home submitted that on the basis of the said complaint, a case was registered against the petitioner and respondent No.2 is investigating the matter in accordance with law.

5.

The petitioner is a bank manager.

The allegation against him is that three packets of gold, which were pledged with the bank, were found missing at the time of inspection and he is responsible for the same. It is the case of the petitioner that he alone is not responsible for that and other officers, who are working in the same bank, are also responsible for the same and that he has settled the amount and paid the amount to the person,

who pledged the jewellery.

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, respondent No.2 is hereby 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 respondent No.2 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.

6.

With the above direction, the Writ Petition is disposed of. There shall be no order as to costs.

7.

Miscellaneous Petitions pending, if any, in this Writ Petition shall stand closed.

_________________________ JUSTICE RAJA ELANGO 21.12.2016 AMD

THE HONOURABLE SRI JUSTICE RAJA ELANGO WRIT PETITION No.42509 OF 2016 Date: 21.12.2016 AMD