HON’BLE Dr. JUSTICE K.G.SHANKAR Criminal Petition No.12174 of 2013 Date: 30-7-2014 Between Mahmood Mohiuddin and 4 others … Petitioners/ Accused 1 to 5 and State of A.P., Rep. by Public Prosecutor, High Court, Hyderabad … Respondent Union Bank of India, Rep. by S.V.Subba Rao, Chief Manager, Somajiguda Branch, Khairatabad, Hyderabad … Respondent/
De facto Complainant
HON’BLE Dr. JUSTICE K.G.SHANKAR Criminal Petition No.12174 of 2014 Order:
The petitioners-accused 1 to 5 seek for quashment of First Information Report (FIR) in Crime No.213 of 2010 on the file of Panjagutta Police Station, Hyderabad. They allegedly committed the offences under Section 418, 420, 422, 120-B and 405 IPC.
2. The learned counsel for the petitioners submitted that the petitioners 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 petitioners that the contents of the complaint are false, it would be just and reasonable to restrain Police from arresting the petitioners 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.213 of 2010 on the file of Panjagutta Police Station, Hyderabad. Police, however, are restrained from arresting the petitioners-accused 1 to 5 during the pendency of the investigation. The miscellaneous petitions, if any, pending in this petition shall stand closed.
Dr. K.G.SHANKAR, J.
30th July, 2014. Ak HON’BLE Dr. JUSTICE K.G.SHANKAR Criminal Petition No.12174 of 2014 30th July, 2014. (Ak)