HON’BLE Dr. JUSTICE K.G.SHANKAR Criminal Petition No.12331 of 2014 Date: 26-9-2014 Between K.Ramana Rao … Petitioner/ Accused No.3 and The State of Telangana, Through P.S. Huzurabad, Karimnagar District, Rep. by its Public Prosecutor, High Court at Hyderabad; and another … Respondents HON’BLE Dr. JUSTICE K.G.SHANKAR Criminal Petition No.12331 of 2014 Order:
The petitioner-accused No.3 seeks for quashment of First Information Report (FIR) in Crime No.98 of 2014 on the file of Huzurabad Police Station, Karimnagar District. He allegedly committed the offences under Sections 406, 420, 468, 471 and 506 IPC read with Section 156(3) Cr.P.C.
2. The learned counsel for the petitioner submitted that the petitioner did not commit the offences, as alleged by the 2nd 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.98 of 2014 on the file of Huzurabad Police Station, Karimnagar District. Police, however, are restrained from arresting the petitioner-accused No.3 during the pendency of the investigation.
The miscellaneous petitions, if any, pending in this petition shall stand closed.
Dr. K.G.SHANKAR, J.
26th September, 2014. Ak HON’BLE Dr. JUSTICE K.G.SHANKAR Criminal Petition No.12331 of 2014 26th September, 2014. (Ak)