High Court for State of TelanganaCRLP/1715/2016disposed of no costs

Dr. Mohd Moulana v. The State Of Telangana,

2016-02-15Raja Elango3 pages

THE HONOURABLE SRI JUSTICE RAJA ELANGO CRIMINAL PETITION No.1715 of 2016 ORDER:

This Criminal Petition is filed by the petitioner under Section 482 Cr.P.C. seeking to quash the proceedings against him in Crime No.12 of 2016 on the file of Humayun Nagar Police Station, Hyderabad City, registered for the offence punishable under Sections 420, 382, 406 and 109 IPC.

Heard and perused the material available on record. From the material on record, it is apparent that the petitioner has filed a writ petition in W.P.No.2556 of 2016 and obtained the following order:

"Perusal of the complaint which led to the registration of Crime No.12 of 2016 on the file of Humayunnagar Police Station reflects that the petitioner was not even named either in the complaint or in the FIR as an accused. However, a notice under Section 41-A Cr.P.C. has been issued to him by the Station House Officer, Humayun Nagar Police Station stating to the effect that there was a reasonable suspicion that he had committed a cognizable offence.

The petitioner is stated to be about 79 years of age and his only connection with the persons mentioned in the complaint is that his daughter is married to the son of the first accused. There is prima facie no connection between the petitioner and the subject crime.

There shall accordingly be a direction to the police authorities not to act pursuant to the impugned notice dated 20.1.2016 pending further orders."

Meanwhile, the petitioner has also obtained anticipatory bail in the above crime from the Sessions Court. In view of the above orders in favour of the petitioner, there is no need to apprehend any harassment in the hands of the respondent-police during the course of investigation.

Therefore, the respondent-police are directed to proceed with the investigation in accordance with law. Further, the respondent-police are directed not to harass the petitioner in any

manner taking into consideration the age of the petitioner. Accordingly, the Criminal Petition is disposed of.

Consequently, miscellaneous petitions pending, if any, shall stand closed.

_____________________ JUSTICE RAJA ELANGO Dated: 15.2.2016 Nn

THE HONOURABLE SRI JUSTICE RAJA ELANGO CRIMINAL PETITION No.1715 of 2016 15.02.2016 Nn