Telangana High Court
Mr. Manish Arora vs The State Of Telangana on 26 February, 2021
Author: G. Sri Devi
Bench: G. Sri Devi
THE HONOURABLE JUSTICE G. SRI DEVI
CRIMINAL PETITION No.1176 OF 2021
ORDER:
This Criminal Petition, under Section 438 of the Code of Criminal Procedure, 1973 (for short, 'Cr.P.C'), is filed by the petitioner/accused for grant of anticipatory bail in the event of his arrest in connection with Crime No.806 of 2019 of KPHB Colony Police Station, Cyberabad, registered for the offence punishable under Section 420 I.P.C.
2. Heard learned counsel for the petitioner/accused and the learned Additional Public Prosecutor representing the respondent/State. Perused the record.
3. Learned counsel for the petitioner/accused would submit that the product, which was seized by the Investigating agency was being manufactured by one Moosapet Shankar Rao shop having manufactured into Local brands as per the F.I.R, but the petitioner does not have any manufacturing shop in Telangana State and as a matter of fact, the petitioner is only having manufacturing unit in Delhi (NCR); that from bare perusal of the contents of F.I.R, demonstrates that there is no offence under Section 420 I.P.C is made out as the basic incidents of cheating under Section 415 I.P.C are missing; that the petitioner hails from Delhi; that the petitioner undertakes to join investigation as and when required by the respondent authorities and ultimately, prayed to grant bail to the petitioner.
4. On the other hand, learned Additional Public Prosecutor opposed the petition stating that the name of the petitioner is not 2 mentioned in the First Information Report and on mere apprehension he filed the present petition.
5. As seen from the contents of the First Information Report, the petitioner has not been named as accused in the present crime and only on mere apprehension; the petitioner has filed the present application. If at all the petitioner is found to be involved in the case, the respondent authorities shall follow the procedure as stipulated under Section 41-A Cr.P.C..
6. With this direction, the Criminal Petition is disposed of. Miscellaneous petitions, if any, pending shall stand closed.
______________________ JUSTICE G SRI DEVI 26th February, 2021 YVL 3 THE HONOURABLE JUSTICE G. SRI DEVI CRIMINAL PETITION No.1176 OF 2021 Date:26.02.2021 YVL