High Court for State of TelanganaWP/37551/2016disposed of no costs

Kale Subba Rao v. The State Of Andhra Pradesh, Rep. By The Principal Secretary

2016-11-21Raja Elango3 pages

THE HONOURABLE SRI JUSTICE RAJA ELANGO WRIT PETITION No.37551 of 2016 ORDER:

This writ petition under Article 226 of Constitution of India is filed seeking a writ of mandamus to declare the action of 2nd respondent in registering the F.I.R.No.325 of 2016 against the petitioner as illegal and arbitrary.

The case of the petitioner is that the petitioner has initiated the proceedings against the 3rd respondent for the offence under Section 138 of Negotiable Instruments Act and the same is pending on the file of II Additional Judicial First Class Magistrate, Ongole. After receipt of notice in the said proceedings, to settle the said dispute, the 3rd respondent influenced the 2nd respondent and lodged a false complaint basing on which the 2nd respondent registered a case in F.I.R.No.325 of 2016 against the petitioner for the offence under Section 3(1)(r)(s), 2(va) of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act. The learned Additional Government Pleader for Home submitted that since a complaint is lodged by the 3rd respondent, the 2nd respondent registered the present crime in accordance with law.

Now, the learned counsel for the petitioner submits that the petitioner is ready to cooperate for the investigation, but, however, he is apprehending arrest and harassment in the hands of 2nd respondentpolice. The record discloses that the petitioner has already initiated the proceedings against the 3rd respondent for the offence under Section 138 of Negotiable Instruments Act. Considering the same, the 2nd respondent is directed to complete the investigation in F.I.R. No.

arresting the petitioner and file a final report, if any, in accordance with law. The petitioner is directed to appear before the 2nd respondent-police as and when required during the course of investigation. Accordingly, the writ petition is disposed of. No costs. Pending Miscellaneous Petitions, if any, shall stand closed. _________________ RAJA ELANGO,J 21.11.2016.

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