Borrra Subba Rao, v. The State Of Andhra Pradesh, Rep.By Its Principal

THE HON'BLE SRI JUSTICE RAJA ELANGO WRIT PETITION No.40621 OF 2016 ORDER:

The writ petition is filed by the petitioner seeking a writ of mandamus declaring the action of the third respondent in registering the crime being F.I.R.No.102 of 2016 for the offences under Sections 323, 324, 448 read with Section 34 IPC as illegal and arbitrary, and consequently to quash the same. Heard and perused the material.

Learned counsel for the petitioner submits that the petitioner has been falsely implicated in the present crime and that the petitioner has not committed any of the offences as alleged against him. He further submits that the fourth respondent has lodged the complaint with all false allegations and as such, he prays this Court to quash the proceedings against the petitioner. This Court is not inclined to quash the proceedings at the threshold. However, taking into consideration the fact that the allegations are not so serious in nature, the third respondent is directed to complete the investigation without arresting the petitioner and file final report, if any, in accordance with law. The petitioner is directed to appear before the third respondent and execute a personal bond for a sum of Rs.5,000/- (Rupees five thousand only) with one surety for the likesum for his future appearance as and when required for the purpose of investigation.

The writ petition is accordingly disposed of. Consequently, miscellaneous petitions, if any shall also stand disposed of. _____________________ JUSTICE RAJA ELANGO 23.11.2016 pln