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High Court for State of TelanganaCRLP/4073/2016disposed of no costs

Shah Roop Raj v. The State Of Telangana.,Rep.,Pp

2016-03-28Raja Elango2 pages

THE HON'BLE SRI JUSTICE RAJA ELANGO Criminal Petition No.4073 of 2016 ORDER:

This Criminal Petition is filed under Section 482 Cr.P.C. seeking to quash proceedings initiated against the petitioners/A-1 to A-5 in Crime No.84 of 2016 of Begum Bazar Police Station, Hyderabad registered for the offences punishable under Sections 448 and 427 IPC.

Heard the learned counsel for the petitioner/A-1 to A-5 and the learned Public Prosecutor and perused the material on record. Admittedly, a complaint was lodged by the second respondent/de facto complainant against the petitioners wherein specific allegations are made against the petitioners, the truth or otherwise of which can be determined only after due investigation by the investigating agency and the same cannot be determined at the investigation stage.

Having regard to the facts and circumstances of the case and also in view of the nature of offences alleged against the petitioners are serious in nature, this Court is not inclined to interfere with the proceedings against the petitioners/A-1 to A-5. However, in view of submission of the learned counsel for the petitioners that the petitioners/A-1 to A-5 apprehend arrest due to pendency of the above crime, the concerned Police is directed to complete the investigation without arresting the petitioners/A-1 to A-5 and file final report in accordance with law. In the event of necessity, the police concerned are at liberty to issue a notice to the petitioners for the purpose of investigation and on receipt of such notice the petitioners/A-1 to A-5 shall appear before the

police and cooperate with the investigating agency. In the event of failure on the part of the petitioners/A-1 to A-5 to appear before the police on receipt of such notice, the police are at liberty either to arrest the petitioner/A-1 to A-5 or to approach this Court, as the case may be, for recalling the present order. With the above direction, the Criminal Petition is disposed of. Consequently, miscellaneous petitions, if any, pending, shall stand closed.

_______________ RAJA ELANGO, J Date: 28-03-2016 Ksn