Hirani Raheem , Guddu Set v. The State Of Telangana

HON'BLE DR. JUSTICE B. SIVA SANKARA RAO CRIMINAL PETITION No.10158 of 2017 ORDER:

Heard learned counsel for the petitioners/accused Nos.10 to 13 in crime No.64 of 2016 of Ichoda Police Station, Adilabad District, registered for the offences punishable under Sections 201, 464, 465 & 406 IPC by filing memo by police though their names were not there in the FIR registered for the offences punishable under Sections 409, 420 r/w 34 IPC, which is outcome of the 2nd respondent-defacto complainant, the Divisional Cooperative Officer, and also learned Public Prosecutor representing the State and also perused the orders passed in relation to the some accused among A.1 to A.9 by another respective Benches of this Court of not to arrest, while investigation shall go on. It is the submission of the learned counsel for the petitioners that the Inquiry Officer-cum-Assistant Registrar, Office of the Divisional Cooperative Officer, Nirmal, in his report ultimately stated there is no proper evidence in relation to the traders concerned viz., the petitioners herein.

Having regard to the above, though as per the instruction of the learned Public Prosecutor it requires investigation. Even from that sentence, the petitioners are entitled to the equal concession of not to arrest pending investigation. However, it will not prevent the police to secure presence of the petitioners for the purpose of investigation.

Accordingly and in the result, the Criminal Petition is disposed of.

Dr.SSRB,J Pending miscellaneous petitions, if any, shall stand closed. _____________________________________ JUSTICE Dr. B.SIVA SANKARA RAO Date: 26.10.2017 ska