Telangana High Court

WP/46516/2016 of Sathi Surya Kumari Vs State of Andhra Pradesh. on 30 December 2016

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SRI JUSTICE RAJA ELANGO WRIT PETITION No.46516 of 2016 ORDER: This writ petition under Article 226 of Constitution of India is filed seeking to quash the proceedings in Crime No.406 of 2016 on the file of 3rd respondent. The case of the petitioners is that on the complaint given by 4th

THE HONOURABLE SRI JUSTICE RAJA ELANGO

WRIT PETITION No.46516 of 2016

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ORDER:

This writ petition under Article 226 of Constitution of India is filed seeking to quash the proceedings in Crime No.406 of 2016 on the file of 3[rd] respondent.

The case of the petitioners is that on the complaint given by 4[th]respondent, the 3[rd] respondent registered a case against the petitioners in F.I.R. No.406 of 2016 for the offences punishable under Sections 447, 427, 417, 420, 467, 468, 471, 474 and 120-B IPC. Now, it is the grievance of the petitioners that they are implicated falsely due to the rivalry with the 4[th] respondent regarding civil disputes and that they have not committed the offence as alleged in the complaint.

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 petitioners submits that the petitioners are ready to cooperate for the investigation, but, however, they are apprehending arrest and harassment in the hands of 3[rd]respondent-police.

Considering the facts and circumstances of the case and since there is civil dispute between the parties and the first petitioner claims to be genuine purchaser, the 3[rd] respondent is directed to complete the investigation in F.I.R. No.406 of 2016 without arresting the petitioners and file a final report, if any, in accordance with law. The petitioners are directed to appear before the 3[rd] respondent-police as and when required during the course of investigation.

Accordingly, the writ petition is disposed of. No costs.

Pending Miscellaneous Petitions, if any, shall stand closed.

30.12.2016. Tsr

_________________ RAJA ELANGO,J

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