WP/46557/2016 of Gaddam Narayana Vs The State of Telangana on 30 December 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.345 of 2016 on the file of 2[nd] respondent and to quash the same against the petitioners as arbitrary and illegal.

On the private complaint given by 3[rd] respondent and on reference by the Magistrate under Section 156(3) Cr.P.C., the 2[nd] respondent herein registered a case in F.I.R. No.345 of 2016 against the petitioners for the offences punishable under Sections 420, 447, 450, 290, 323, 506 r/w 34 IPC. The grievance of the petitioners is that all the allegations levelled by the 3[rd] respondent are false and the 2[nd] 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 3[rd] respondent, the 2[nd]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 with the investigation, but, however, they are 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 F.I.R. No.345 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 2[nd] respondent-police and each of them shall execute a personal bond for a sum of Rs.5,000/- (Rupees five thousand only) with one surety for the likesum for their 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