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2020 DIGILAW 798 (TS)

Appasani Chandra Shekar v. State Of Telangana

2020-11-18

K.LAKSHMAN

body2020
JUDGMENT K. Lakshman, J. - This application is filed under Section 482 Cr.P.C., to quash the proceedings in Crime No.294 of 2020, pending on the file of Chaderghat Police Station, Hyderabad. The petitioner is accused No.1 in the above said crime. The offences alleged against the petitioner are under Sections 406, 420, 467 and 471 of IPC. 2. Heard learned counsel for the petitioner and learned Public Prosecutor. Perused the record. 3. The petitioner herein is lodged a complaint dated 08.02.2012 with Police, Kukatpally Police Station, Cyberabad Commissionerate, who in turn registered a case in Crime No.125 of 2012 for the offences under Sections 403, 406, 419, 420, 468, 471, 120-B and 34 of IPC read with Section 156(3) of Cr.P.C., against the other accused alleging that they have created a duplicate document with the help of M.Vijay Kumar by forging the signature of Kavikondala Ksheera Sagaram. According to the learned counsel for the petitioner, the said crime is pending and the Police have not completed investigation. 4. In the present complaint, respondent No.2-de facto complainant has alleged that the petitioner and other accused have created forged documents and obtained loan and cheated the bank, which amounts to criminal breach of trust. A perusal of the complaint dated 08.02.2012 in Crime No.125 of 2012, it appears that the petitioner is a victim. There are several factual aspects have to be investigated by the Police. 5. Considering the said aspects, and also the fact that the punishment prescribed for the offences alleged against the petitioner is imprisonment of seven years or below seven years, the Criminal Petition is disposed of directing the Police, Chaderghat Police Station, Hyderabad, to follow the procedure laid under Section 41-A of Cr.P.C., and also the guidelines issued by the Apex Court in Arnesh Kumar v. State of Bihar and another, (2014) 8 SCC 273 . The Police, Chaderghat Police Station, Hyderabad, are directed not to arrest the petitioner herein till completion of investigation and filing of charge sheet. Miscellaneous petitions pending, if any, shall stand closed.