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High Court for State of TelanganaWP/239/2017disposed of no costs

Potluri Venkateswara Rao, v. The State Of Andhra Pradesh Rep. By Its Principal Secretary

2017-01-04Raja Elango2 pages

THE HONOURABLE SRI JUSTICE RAJA ELANGO WRIT PETITION No.239 OF 2017 ORDER:

This writ petition is filed under Article 226 of the Constitution of India seeking to call for the records in F.I.R. No.195 of 2016, dated 05-12-2016 on the file of the 3rd respondent and quash the same by issuing a writ of certiorari or any other appropriate writ, order or direction as same is illegal and arbitrary.

Heard the learned counsel for the petitioner and the learned Assistant Government Pleader for Home and perused the material available on record.

Having regard to the facts and circumstances of the case and also in view of the nature of offences alleged against petitioner are serious in nature, which have to be investigated into by the investigating agency, this Court is not inclined to interfere with the proceedings initiated against the petitioner. However, admittedly, the F.I.R. in this case was registered on the basis of reference made under Section 156(3) Cr.P.C. by the learned Magistrate, but the learned Magistrate has not followed the procedures in forwarding the complaint for registration of the same.

Further, in view of submissions of the learned counsel for petitioner that petitioner is apprehending of his arrest in view of the pendency of the above crime, the police concerned are directed to complete the investigation into the crime without arresting the petitioner and file the final report, if any, in accordance with law. The petitioner is directed to execute a personal bond for a sum of Rs.20,000/- (Rupees Twenty thousand only) with one surety for a like sum to the satisfaction of the Investigating Officer and he shall appear before the investigating officer daily between 10.00 AM and 5.00 PM for a period of ten days.

Accordingly, 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.

_________________________ JUSTICE RAJA ELANGO 04.01.2017 skmr