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2020 DIGILAW 258 (TS)

M. Raghunandan Rao v. State Of Telangana

2020-02-11

G.SRI DEVI

body2020
JUDGMENT G. Sri Devi, J. - This Criminal Petition is filed under Section 482 Cr.P.C by the petitioner/accused No.1 seeking to quash the proceedings against him in Crime No.67 of 2020 of Ramachandrapuram Police Station, Cyberabad, Sanga Reddy District, registered for the offences punishable under Sections 376, 328 and 506 IPC and Section 67 (A) read with 84 (c) of the ITA Act, 2008. 2. Heard learned counsel for the petitioner/accused No.1, learned Additional Public Prosecutor appearing for respondent No.1-State and perused the record. 3. Learned counsel for the petitioner/accused No.1 would submit that the petitioner has been falsely implicated in the subject crime; that there is an inordinate delay of 14 years from the date of alleged incident i.e., on 02.12.2007 in filing the complaint; that the de facto complainant is in the habit of filing similar complaints against several innocent persons; that the petitioner is presently spokes person of BJP Telangana State and also contested for M.P for the Medak Constituency; that the petitioner has a good reputation in the party as a top leader; that the de facto complainant is very adamant and aggressive lady; that the petitioner never committed any offence as alleged in the complaint and ultimately prayed to quash the proceedings against the petitioner in the subject crime. 4. Learned Additional Public Prosecutor opposed for quashing the aforesaid F.I.R. and submits that the contents of the F.I.R. clearly disclose cognizable offence against the petitioner. 5. Considering the various decisions including the decision of the Hon'ble Apex Court in State of Haryana Vs. Bhajan Lal, 1992 SCC(Cri) 426 I am of the considered view that there can be no interference with the investigation or order staying arrest of the petitioner unless cognizable offence is not ex-facie discernable from the allegations contained in the F.I.R. or there is any statutory restriction operating on the power of the police to investigate a case. From a perusal of the F.I.R., prima facie, at this stage it cannot be said that no cognizable offence is made out. 6. Considering the facts and circumstances of the case, however, if the petitioner surrenders before the Court concerned within three (03) weeks from today and files petition praying to grant bail, the same shall be disposed of, as expeditiously as possible preferably on the same day. 6. Considering the facts and circumstances of the case, however, if the petitioner surrenders before the Court concerned within three (03) weeks from today and files petition praying to grant bail, the same shall be disposed of, as expeditiously as possible preferably on the same day. Till the petitioner/accused No.1 surrenders before the Court concerned or for three (03) weeks whichever is earlier, the Police shall not take any coercive steps against him. 7. With the above direction, the Criminal Petition is disposed of. Miscellaneous petitions, if any, pending in this criminal petition shall stand closed.