High Court for State of TelanganaCRLP/4057/2016disposed of no costs

Eluri Koteswara Rao v. The State Of Telangana

2016-03-28Raja Elango2 pages

THE HON'BLE SRI JUSTICE RAJA ELANGO Criminal Petition No.4057 of 2016 ORDER:

This Criminal Petition is filed under Section 482 Cr.P.C. seeking to quash proceedings initiated against the petitioners/ accused in Crime No.24 of 2016 Madhira Rural Police Station, Khammam District registered for the offences punishable under Sections 420 and 422 IPC.

Heard the learned counsel for the petitioners/accused and the learned Public Prosecutor and perused the material on record. Admittedly, a complaint was lodged by the second respondent/de facto complainant against the petitioners wherein specific allegations are made against the petitioners, the truth or otherwise of which can be ascertained only after due investigation by the investigating agency and the same cannot be determined at this stage.

Having regard to the facts and circumstances of the case and also in view of the nature of offences alleged against the petitioners/accused are serious in nature, this Court is not inclined to interfere with the proceedings against the petitioners/accused. However, in view of submission of the learned counsel for the petitioners that the petitioners/accused apprehends arrest due to pendency of the above crime, the concerned Police Station is directed to complete the investigation without arresting the petitioners/accused and file the final report in accordance with law. In the event of necessity, the police concerned are at liberty to issue a notice to the petitioner for the purpose of investigation and on receipt of such notice the petitioners/accused shall appear

before the police and cooperate with the investigating agency. In the event of failure on the part of the petitioners/accused to appear before the police on receipt of such notice, the police are at liberty either to arrest the petitioners/accused or to approach this Court, as the case may be, for recalling the present order. With the above direction, the Criminal Petition is dismissed. Consequently, miscellaneous petitions, if any, pending, shall stand closed.

_______________ RAJA ELANGO, J Date: 28-03-2016 Ksn