High Court for State of TelanganaCRLP/5624/2016disposed of no costs

Capt. A.Y.Rajendra v. The State Of Andhra Pradesh

2016-04-20Raja Elango3 pages

THE HONOURABLE SRI JUSTICE RAJA ELANGO CRIMINAL PETITION No.5624 OF 2016 ORDER:

This petition is filed by the petitioners-accused Nos.1 to 4 under Section 482 Cr.P.C. seeking to quash the proceedings against them in Crime No.37 of 2016 on the file of I Town Police Station, Chittoor, registered for the offence punishable under Sections 477A, 420 and 406 r/w 34 IPC.

Heard and perused the material available on record. The 2nd respondent lodged a private complaint stating that the petitioners induced the 2nd respondent to accept the offer of appointment of stockiest of the products of Godrej Agrovet Limited and to invest huge amount and the 2nd respondent paid Rs.22 lakhs towards cost of feed. But the 2nd respondent received only Rs.6 lakhs from the company.

Learned Counsel for the petitioner submitted that the present complaint has arisen out of business transaction and that the private complaint filed by the 2nd respondent was referred to the police by the learned Magistrate without following the procedure under Section 156(3) Cr.P.C.

Considering the facts and circumstances of the case and the allegations made against the petitioners, this Court is not inclined to grant the relief sought by the petitioners. However, the 1st respondentpolice are directed to complete the investigation and file a final report, if any, without arresting the petitioners. In the event of necessity, the 1st respondent-police are directed to issue notice to the petitioners to appear before the investigating agency for the purpose of investigation. On issuance of such notice, the petitioners are directed to appear before the investigating agency and give an undertaking as to their future appearance as and when required for the purpose of

investigation.

Accordingly, the Criminal Petition is disposed of. Consequently, miscellaneous petitions pending, if any, shall stand closed. ______________________ JUSTICE RAJA ELANGO Date : 20.4.2016 Nn

HONOURABLE SRI JUSTICE RAJA ELANGO CRIMINAL PETITION No.5624 OF 2016 DATED 20.4.2016 Nn