B.Alia Khatoon v. The State Of Telangana

HONOURABLE SRI JUSTICE RAJA ELANGO WRIT PETITION No.41701 OF 2016 ORDER:

The present writ petition is filed by the petitioner seeking to call for the records relating to FIR No.129 of 2016 on the file of Alampur Police Station, Mahabubnagar District, and quash the same. Heard and perused the material available on record. The 4th respondent made a complaint before the 3rd respondent stating that he and his sister-in-law purchased two plots in the outskirts of Pullur, and on 28.09.2016 when he went to the Sub-Registrar's office to get the EC, he found that the plots were registered in the name of the petitioner and found the photos of the petitioner in the sale deeds, therefore, he requested to take action against the petitioner. Learned counsel for the petitioner submitted that the present case arises out of civil disputes between the parties and that the 4th respondent also filed a civil suit with regard the said property against the petitioner and her husband, and also filed the present case, with the same allegations.

The learned Assistant Government Pleader submitted that on the basis of the complaint, a case was registered against the petitioner and the respondents are investigating the matter in accordance with law. The petitioner filed the present writ petition challenging investigation in the above crime. Even though this Court is not inclined to interfere with the investigation in the above crime, taking into consideration the facts and circumstances of the case, without going

into the merits, this Court is of the view that the above crime can be investigated into, without arresting the petitioner. Accordingly, the 3rd respondent is directed to complete the investigation and file a final report in the above Crime, in accordance with law, without arresting the petitioner. The petitioner is also directed to appear before the investigating officer concerned, and execute a personal bond for a sum of Rcs.5,000/ - (Rupees five thousand only) with one surety for the like sum, for her appearance before the investigating officer as and when required, for the purpose of investigation.

With the above directions, the Writ Petition is disposed of. No costs. Consequently, miscellaneous petitions pending, if any, shall stand closed.

___________ RAJA ELANGO, J December 01, 2016.

KTL