Telangana High Court
T.Dhananjayulu, Chittoor District And ... vs State, Rep. By Pp., High Court, ... on 3 December, 2018
SMT JUSTICE T.RAJANI
CRIMINAL PETITON No.10214 OF 2011
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.
2. Heard the counsel for the petitioners and the Public Prosecutor appearing for 1st and 2nd respondents. None appears for the 3rd respondent in spite of notice.
3. 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.
4. Considering the above, this court opines that the matter has to be taken up for trial for adjudication with regard to the said aspects.
5. Hence, in view of the above, this court opines that it is not safe to quash the proceedings.
6. 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 2 enunciated by the Supreme Court in the case of Arnesh Kumar v. State of Bihar and another (Crl.Appeal No.1277 of 2014)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.
As a sequel, the miscellaneous applications, if any pending, shall stand closed.
__________ T.RAJANI, J December 3, 2018 LMV 1 (2014) 8 SCC 273