HON’BLE Dr. JUSTICE K.G.SHANKAR Criminal Petition No.12320 of 2014 Date: 26-9-2014 Between Rupal Prashant and another … Petitioners/ Accused 1 and 2 and State of Telangana, Rep. by its Public Prosecutor, High Court of Hyderabad, Hyderabad … Respondent Dr. Prashant Dinesh … Respondent/
De facto Complainant
HON’BLE Dr. JUSTICE K.G.SHANKAR Criminal Petition No.12320 of 2014 Order:
The petitioners-accused 1 and 2 seek for quashment of First Information Report (FIR) in Crime No.610 of 2014 on the file of Madhapur Police Station, Cyberabad. They allegedly committed the offences under Sections 403, 406 and 420 IPC and under Section 156(3) Cr.P.C.
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. 610 of 2014 on the file of Madhapur Police Station, Cyberabad. Police, however, are restrained from arresting the petitioners-accused 1 and 2 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.12320 of 2014 26th September, 2014. (Ak)