Telangana High Court
WP/46586/2016 of Mohd.Ali Mohiuddin Vs The Government of Telangana on 30 December 2016
SRI JUSTICE RAJA ELANGO WRIT PETITION No.46586 of 2016 ORDER: This writ petition under Article 226 of Constitution of India is filed seeking a writ of certiorari calling for the records relating to F.I.R.No.149 of 2016 on the file of 3rd respondent and to quash the same against the
THE HONOURABLE SRI JUSTICE RAJA ELANGO WRIT PETITION No.46586 of 2016
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ORDER:
This writ petition under Article 226 of Constitution of India is filed seeking a writ of certiorari calling for the records relating to F.I.R.No.149 of 2016 on the file of 3[rd] respondent and to quash the same against the petitioner as arbitrary and illegal.
On the private complaint given by 4[th] respondent and on reference by the Magistrate under Section 156(3) Cr.P.C., the 3[rd] respondent herein registered a case in F.I.R. No.149 of 2016 against the petitioner and others for the offences punishable under Sections 182, 193, 420, 468, 461, 506 r/w 34 IPC. The grievance of the petitioner is that all the allegations levelled by the 4[th] respondent are false and the 3[rd] respondent without ascertaining the same, registered the F.I.R. and proceeding with the investigation.
The learned Assistant Government Pleader for Home submitted that since a complaint is lodged by the 4[th] respondent, the 3[rd] respondent registered the present F.I.R. in accordance with law.
Now, the learned counsel for the petitioner submits that the petitioner is ready to cooperate with the investigation, but, however, he is apprehending arrest and harassment in the hands of 3[rd] respondent-police.
Considering the facts and circumstances of the case, the 3[rd]respondent is directed to complete the investigation in F.I.R. No.149 of 2016 without arresting the petitioner and file a final report, if any, in accordance with law. The petitioner is directed to appear before the 3[rd]respondent-police and shall execute a personal bond for a sum of Rs.5,000/- (Rupees five thousand only) with one surety for the likesum for his future appearance for the purpose of investigation.
Accordingly, the writ petition is disposed of. No costs.
Pending Miscellaneous Petitions, if any, shall stand closed.
30.12.2016. Tsr
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RAJA ELANGO,J