Y.Uday Bhaskar Goud v. The State Of Telangana

THE HON'BLE SRI JUSTICE A.V.SESHA SAI WRIT PETITION No.38377 of 2018 ORDER:

Heard learned counsel for the petitioners and the learned Government Pleader for Home, apart from perusing the entire material available on record.

When the matter is taken up, written instructions, dated 29.10.2018, furnished by the Sub Inspector of Police, Madhapur Police Station, are placed on record by the learned Government Pleader. The said instructions, to the extent of their relevance to the present Writ Petition, are as under:

"One sri pamidipati Raghubatbu, son of Ratnam, Occ.Associate Director in Cinema Field, resident of Manikonda, Hyderabad has approached the police of Madhapur Police Station and lodged a complaint on 17.10.2018 stating that one Mr Uday Bhaskar Goud, Krishna Karthik and Srinubabu are running Login Media Company at Road No.47, Ayyappa Society, Madhapur and the above named persons taken money of R.5,00 000/- from him and wrote an agreement on the 100n rupees stamp paper for improvement for the business and the above named persons promised with him to give every month of Rs.40,000/- for good will but the above named persons did not pay the money and that on 17.10.2018 the complainant went to their office and asked the amount, the above named persons call him inside the office, close the door and hit him with hands, kicked with legs and threatened to kill if he look at the office by saying not returned the money and hence requested to take necessary action as per law.

Basing on the contents of the above complaint a case in Cr. No.850/2018 U/sec 342,323,506 r/w 34 IPC dated 17102018 was registered on the file of the Madhapur Police Station and investigation was taken up.

AVSS,J W.P.No.38377 of 2018 The petitioner herein are shown as A1 and A2 in FIR.

The FIR was registered on 17.10.2018. The investigation is at the initial stage. Necessary steps will be taken against the accused persons including the petitioner basing on the evidence adduced during the course of investigation into the case.

On coming to know the lodging of the FIR against him, the petitioner with a malafide intention to prevent the police from taking any action against him and also to divert the attention of the investigating agency in not conducting the investigation in a fair and proper manner, filed the present writ petition with false and frivolous allegations.

It is humbly submitted that the petitioner (Al and A2) are required in connection with the above crime. By following the due procedure, action will be taken against him.

It is submitted that the allegation of the petitioner the 3rd respondent appears to have approached this respondent who in turn frequently calling the appears to have approached this respondent who in turn frequently calling the petitioners to police station and harassing the petitioners and this respondent is sending persons to the office of the petitioners and insisting the petitioners to settle the civil disputes between the petitioners and the 3rd respondent is absolutely false, baseless and hence denied.

Except registration of the above crime and proceeding with the investigation into the case as contemplated under law, this respondent never harassed the petitioners nor interfered with the civil disputes as alleged.

It is pertinent to submit that the petitioner(A1) is required in connection with the above case, if any orders/directions are passed, taking advantage of the same, the petitioner may tamper the evidence and gain over the witnesses and not cooperated with the investigating agency".

AVSS,J W.P.No.38377 of 2018 By placing on record the above written instructions, Writ Petition is disposed of, with a direction to the respondent-police authorities to act strictly in accordance with law. There shall be no order as to costs. Miscellaneous petitions, if any, pending in this Writ Petition, shall stand closed.

___________________ A.V. SESHA SAI, J 16th November, 2018 Tsy