Telangana High Court
Ahmed Bin Salam Bafaraj vs The State Of Telangana And Another on 4 March, 2021
Author: K. Lakshman
Bench: K. Lakshman
THE HONOURABLE SRI JUSTICE K. LAKSHMAN
CRIMINAL PETITION No.1422 OF 2021
ORDER:
Heard learned counsel for petitioner and the learned Public Prosecutor and perused the record.
In the complaint dated 17.12.2020, the 2nd respondent has mentioned that she is a student, but according to the learned counsel for petitioner, she is an employee of Amazon Development Centre, Kokapet, Ranga Reddy District, in which, the petitioner is also working. Both are co-employees. In proof of the same, he has filed copies of Employee Identity Cards. Learned counsel for petitioner would further submit that the petitioner herein has paid an amount of Rs.2 Lakhs to the 2nd respondent. He has issued a legal notice dated 09.12.2020 to the 2nd respondent, advising her not to indulge in any illegal and unlawful activities. According to the learned counsel for petitioner, on receipt of the said notice, the 2nd respondent has lodged the present complaint with a malafide intention to evade payment of said amount to the petitioner. According to him, there is suppression of facts by the 2nd respondent herein.
The allegations made in the complaint dated 17.12.2020 including the factual aspects, needs to be investigated into by the investigating officer during the course of investigation. Learned counsel for petitioner has filed several documents including receipts for purchase of Honda City car, payment of amount to the 2nd 2 respondent, bank statements, employee I.D. Cards etc., which are to be looked into by the investigating officer.
Considering the said facts and also as both the offences alleged against the petitioner are bailable offences and the punishment prescribed for those offences is imprisonment of seven years or below seven years, the Criminal Petition is disposed of directing the investigating officer in Crime No.282 of 2020 pending on the file of P.S. Asifnagar, 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 another1. The Police are directed not to arrest the petitioner till the completion of investigation and filing of charge sheet. However, it is made clear that the investigation may go on and the petitioner shall cooperate with the investigating officer in concluding the investigation.
Miscellaneous petitions pending, if any, shall stand closed.
_________________ K. LAKSHMAN, J Date : 04.03.2021 ajr 1 (2014) 8 SCC 273