High Court for State of TelanganaCRLP/6403/2016disposed of no costs

Puram Sridhar Reddy And 3 Others v. The State Of Telangana And Another

2016-04-26Raja Elango2 pages

THE HON'BLE SRI JUSTICE RAJA ELANGO Crl.P.No.6403 of 2016

ORDER

This criminal petition is filed by the petitioners-A2, A5, A7 and A9 under Section 482 Cr.P.C., seeking to quash the proceedings against them in Cr.No.437 of 2015 of II Town Police Station, Karimnagar, registered for the offences punishable under Sections 120-B, 448, 420, 341, 506 r/w 34 IPC and under Sections 3 and 5 of Money Lendng Act, against them.

2. Heard and perused the material on record.

3. The case of the prosecution is that the de facto complainant approached A2 for want of money to meet her necessities and he arranged loan through A1. Since she was unable to pay the interest in time, all the accused came to her house, wrongfully restrained the complainant and others by locking their house, threatened her to leave the house, forced her to execute an agreement of sale in favour of one Srinivas. Based on the complaint, the aforesaid crime was registered against the accused.

4. Learned counsel for the petitioners submitted that the petitioners were initially arrested on different dates in different crimes and produced before the Court and thereafter, they were released on bail since the police failed to file charge sheet within the statutory period. He further submits that though the present crime is pending before the same police station where the other cases are pending in the same District, the police ought to have produced the petitioners on PT warrant before the Court concerned

for remand and now, the police are trying to arrest them.

5. In view of the above submissions, the police concerned are directed to complete the investigation and file a final report, if any, without arresting the petitioners/A2, A5, A7 and A9. In the event of necessity, the police concerned are directed to issue notice to the petitioners for their appearance before the investigating agency for the purpose of investigation. On issuance of such notice, the petitioners shall appear before the investigating agency and give an undertaking as to their future appearance as and when required by the investigating agency for the purpose of investigation.

6. With the above directions, the Criminal Petition is disposed of. Consequently, miscellaneous petitions, if any, pending in this petition shall stand closed.

_______________ RAJA ELANGO, J 26th April, 2016 sj