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Judgment
16 paragraphs · 309 wordsThis is an application for anticipatory bail. The petitioner is accused No.1 in Crime No.60 of 2021 pending on the file of Uppal Police Station,
Cyberabad, Ranga Reddy District. The offence alleged against the petitioner is under Section 420 IPC.
Heard Mr.P. Ravi Shanker, learned counsel for the petitioner and the learned Public Prosecutor for the respondent. Perused the record.
The allegation against the petitioner is that he has obtained mortgage loan and he along with other accused created fake documents.
Learned counsel for the petitioner by referring the memorandum of deposit of title deeds bearing document No.6426 of 2018 dated 04.04.2018 and
also No Objection Certificate dated 05.03.2021 issued by the IKF Home Finance Limited, would submit that the petitioner has already cleared the loan
amount of Rs.15,50,000/-.
Learned Public Prosecutor, on instructions, would submit that the punishment for the offence alleged against the petitioner is imprisonment of seven
years and below seven years and the Investigating Officer has already invoked the procedure laid down under Section 41-A Cr.P.C., by issuing notice
on 24.03.2021.
Learned counsel for the petitioner would submit that the petitioner did not submit his explanation to the said notice under the apprehension of arrest.
In view of the said submissions, this Criminal Petition is disposed of directing the Investigating Officer in Crime No.60 of 2021 pending on the file of
Uppal Police Station, Cyberabad, Ranga Reddy District to strictly follow the procedure laid down under Section 41-A Cr.P.C., and also the guidelines
issued by the Hon'ble Apex Court in Arnesh Kumar v. State of Bihar and another (2014) 8 SCC 273. Liberty is granted to the petitioner to submit his
reply to the notice dated 24.03.2021 issued under Section 41-A Cr.P.C., and the Investigating Officer shall consider the same.
Miscellaneous petitions, if any pending, shall stand closed.
