Telangana High Court

WP/46580/2016 of Sachin Guha, Vs The State of Telangana, on 30 December 2016

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SRI JUSTICE RAJA ELANGO WRIT PETITION No.46580 of 2016 ORDER: This writ petition under Article 226 of Constitution of India is filed seeking to quash the proceedings against the petitioner in F.I.R. No.997 of 2016 on the file of 2nd respondent as arbitrary and illegal. The case of the

THE HONOURABLE SRI JUSTICE RAJA ELANGO

WRIT PETITION No.46580 of 2016

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ORDER:

This writ petition under Article 226 of Constitution of India is filed seeking to quash the proceedings against the petitioner in F.I.R. No.997 of 2016 on the file of 2[nd] respondent as arbitrary and illegal.

The case of the petitioner is that on the complaint lodged by the 3[rd]respondent, the 2[nd] respondent registered a case against the petitioner herein in F.I.R. No.997 of 2016 for the offences punishable under Section 332 IPC and Section 185 of Motor Vehicles Act. The grievance of the petitioner is that all the allegations levelled by the 3[rd] respondent are false and the 2[nd] respondent without ascertaining the genuineness of the same, registered the F.I.R. and proceeding with the investigation and trying to arrest the petitioner.

The learned Assistant Government Pleader for Home submitted that since a complaint is lodged by the 3[rd] respondent, the 2[nd]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 2[nd] respondent-police.

Considering the facts and circumstances of the case, the 2[nd]respondent is directed to complete the investigation in Crime No.997 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 2[nd]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 as and when required 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

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