THE HON'BLE SRI JUSTICE S. RAVI KUMAR CRIMINAL PETITION No.8175 of 2012 Date:02.07.2012 Between:
Shaik Mukthaar . Petitioner.
AND The States of Telangana and Andhra Pradesh, rep by its’ Public Prosecutor, High Court of Judicature at Hyderabad for the States of Telangana and Andhra Pradesh and another.
. Respondents.
The Court made the following :
THE HON'BLE SRI JUSTICE S. RAVI KUMAR CRIMINAL PETITION No.8175 of 2012 ORDER:
This petition is filed to quash First Information Report in Crime No.370/2012 of Madhapur Police Station, Cyberabad for alleged offences under Sections 419, 420, 469 & 471 IPC.
2. Heard both sides.
3. The main grievance of the petitioner is that his name was not figured in the complaint given to police on 04-06- 2012. As seen from the material papers, police, at the time of arrest of A1, recorded a confession statement of A1, in which, he revealed the role of the petitioner and on the basis of which, police have shown the petitioner as A2. The allegation against the petitioner is that he also joined A1 and others in fabricating false documents.
4. Considering the submissions of both sides, I feel that the truth or otherwise of the allegations would come to light only if a full fledged investigation is conducted and therefore, the contention that the F.I.R has to be quashed against the petitioner cannot be accepted.
5. Advocate for petitioner submitted that at least police may be restrained from arresting the petitioner as his name was not figured, but as seen from the F.I.R., the offences alleged are all triable by a Magistrate and the petitioner can as well approach the concerned Court either by surrendering himself and apply for bail or can approach the Sessions Court for anticipatory bail.
6. With this observation, Criminal Petition is dismissed at the admission stage.
7. As a sequel, miscellaneous petitions, if any, pending in this Criminal Petition, shall stand dismissed.
JUSTICE S. RAVI KUMAR
Date:02.07.2014 mrb