HON'BLE Dr. JUSTICE K.G. SHANKAR
Crl. Petition No.4938 of 2014
Date: 08.07.2014 Between:
Rajesh Agarwal, s/o. Sadhuram Agarwal .. Petitioner AND The State of A.P., rep. by its Public Prosecutor, High Court of A.P., Hyderabad, (through SHO Begum Bazaar P.S., Hyderabad) and another .. Respondents HON'BLE Dr. JUSTICE K.G. SHANKAR Crl. Petition No.4938 of 2014 ORDER:
The petitioner seeks for quashment of First Information Report (FIR) in Crime No.54 of 2011 on the file of Begum Bazaar Police Station, Hyderabad.
He allegedly committed the offences under Sections 120-B, 406, 418 and 420 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.54 of 2011 on the file of Begum Bazaar Police Station, Hyderabad. Police, however, are restrained from arresting the petitioner 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