HON'BLE Dr. JUSTICE K.G. SHANKAR
Crl. Petition No.4731 of 2014
Date: 08.07.2014 Between:
Ashwini Kumar Tyagi, s/o. A.R. Tyagi .. Petitioner/A.3 AND The State through SHO PS Bowenpally, Hyderabad, rep. by the Public Prosecutor, High Court of A.P., Hyderabad and another .. Respondents HON'BLE Dr. JUSTICE K.G. SHANKAR Crl. Petition No.4731 of 2014 ORDER:
The petitioner/A.3 seeks for quashment of First Information Report (FIR) in Crime No.43 of 2014 on the file of Bowenpally Police Station, Hyderabad. He allegedly committed the offences under Sections 120-B, 193, 196, 420, 463 and 464 IPC read with Section 34 IPC.
2. The learned counsel for the petitioner submitted that the petitioner did not commit the offences, as alleged by the second respondent-de facto complainant.
3. Where the investigation is at the threshold on the complaint, it would be appropriate to permit the prosecution to proceed with the complaint. However, where it is contended by the petitioner that the contents of the complaint are false, it would be just and reasonable to restrain Police from arresting the petitioner during the pendency of the investigation.
4. Accordingly, this Criminal Petition is disposed of granting liberty to Police to proceed with the investigation in Crime No.43 of 2014 on the file of Bowenpally Police Station, Hyderabad. Police, however, are restrained from arresting the petitioner/A.3 during the pendency of the investigation. The miscellaneous petitions, if any pending in this criminal petition, shall stand closed.
Dr. JUSTICE K.G. SHANKAR Date: 08.07.2014 Isn