T.Dhananjayulu, Chittoor District and 7 Others Vs State, Rep. by Pp., High Court, Hyderabad and 2 Others

SMT JUSTI CE T.RAJANI

CRI MI NAL PETI TON No.1 0 2 1 4 OF 2 0 1 1

ORDER:

This petition is filed, by the petitioners, seeking for quash of the proceedings against them in Crime No.15 of 2011 on the file of the Nagalapuram Police Station, Chittoor District. The offences alleged are under Sections 468, 472 and 420 IPC.

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Heard the counsel for the petitioners and the Public Prosecutor appearing for 1^st and 2^nd respondents. None appears for the 3^rd respondent in spite of notice.

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The counsel for the petitioners submits that even prior to the filing of this complaint, the loans were cleared. But the allegations against these petitioners are that they have knowledge about the fake passbooks and that they sanctioned loans on the basis of the fake passbooks. Hence, the said contention cannot be considered for exonerating the petitioners.

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Considering the above, this court opines that the matter has to be taken up for trial for adjudication with regard to the said aspects.

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Hence, in view of the above, this court opines that it is not safe to quash the proceedings.

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With the above observations, the Criminal Petition is dismissed. However, considering the request of the petitioners’ counsel, the police are directed to follow the guidelines

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2

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enunciated by the Supreme Court in the case of Ar n esh Ku m ar v. St at e of Bih ar an d an ot h er ( Cr l.Appeal No.1 2 7 7 of 2 0 1 4 )¹ before effecting the arrest of the petitioners in accordance with the procedure prescribed under Section 41A Cr.P.C. Interim stay granted by this court on 21.10.2011 in CRLP MP No.11234 of 2011, shall stand vacated.

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As a sequel, the miscellaneous applications, if any pending, shall stand closed.

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_ _ _ _ _ _ _ _ _ _ T.RAJANI , J

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December 3, 2018 LMV

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1 (2014) 8 SCC 273

T.Dhananjayulu, Chittoor District and 7 Others v. State, Rep. by Pp., High Court, Hyderabad and 2 Others

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T.Dhananjayulu, Chittoor District and 7 Others v. State, Rep. by Pp., High Court, Hyderabad and 2 Others

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