Telangana High Court
WP/46284/2016 of Kommula Srinivasu, Vs State of Andhra Pradesh, Rep. by its Principal Secretary, on 29 December 2016
SRI JUSTICE RAJA ELANGO WRIT PETITION No.46284 OF 2016 ORDER: This writ petition is filed under Article 226 of the Constitution of India to issue writ of Certiorari calling for the records relating to Crime No.111 of 2016 of Station House Officer, Malikipuram Police Station, East Godavari
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ORDER:
This writ petition is filed under Article 226 of the Constitution of India to issue writ of Certiorari calling for the records relating to Crime No.111 of 2016 of Station House Officer, Malikipuram Police Station, East Godavari District, and quash the same.
2. Heard and perused the material available on record.
3. Case of the petitioner is that de facto complainant filed a false complaint against him before respondent No.3 and the same was registered as the aforementioned case for the offences punishable under Sections 306 read with 116 and 34 I.P.C.; that the complaint does not contain any incriminating material; that he never did any criminal activities and respondent No.3 is trying to arrest him without following the due process of law.
4. Learned Assistant Government Pleader for Home submitted that on the basis of the said complaint, a case was registered against the petitioner and respondent No.3 is investigating the matter in accordance with law.
5. Considering the facts and circumstances of the case and the grievance of the petitioner and in view of the fact that the petitioner is ready to co-operate with the investigation, without expressing any opinion on merits, respondent No.3 is hereby directed to complete the investigation in the aforementioned crime and file a final report, in accordance with law in either way, without arresting the petitioner. The petitioner is directed to appear before respondent No.3 and execute a personal bond for a sum of Rs.5,000/- (Rupees five thousand only) with one surety for the like sum for his appearance as and when required for the purpose of investigation.
6. With the above direction, the Writ Petition is disposed of. There shall be no order as to costs.
7. Miscellaneous Petitions pending, if any, in this Writ Petition shall stand closed.
29.12.2016 YVL
_________________________ JUSTICE RAJA ELANGO
YVL
THE HONOURABLE SRI JUSTICE RAJA ELANGO
WRIT PETITION No.46284 OF 2016
Date: 29.12.2016