Shahid Khan vs State Of Telangana

This is an application for anticipatory bail. The petitioners herein are Accused Nos.1 and 2 in Cr.No.97 of 2021 of Velgatoor Police Station, Jagitial

District. The offence alleged against the petitioners is under Section 420 IPC r/w.Section 34 of IPC.

Heard Sri B.Krishna Kumar, learned counsel for the petitioners, learned Assistant Public Prosecutor and perused the record.

The allegations against the petitioners herein are that they floated the company i.e., L-9, Link Line and Companies, Hyderabad and both petitioners

are Directors of the said company. The son of complainant paid an amount of Rs.4,00,000/- to the petitioners herein on the promise made by them to

provide a job to him. Despite receiving the said amount, petitioners have not provided any job to the son of complainant.

Learned Counsel for the petitioners would submit that the son of complainant has invested the amount in the said company and petitioners herein

never cheated the son of complainant as alleged in the complaint and cheque numbers were also mentioned specifically.

A perusal of the record would reveal that since the punishment for the offence alleged against the petitioners is seven years and below seven years,

the investigating officer has already invoked the procedure laid down in Section 41-A Cr.P.C., by way of issuing notice on 25.04.2021.

Learned counsel for the petitioners would submit that due to shortage of time and due to present Covid-19 pandemic situation, since the distance

between the place where petitioners are residing and the police station is above 250 Kms, therefore, petitioners have not appeared before the

investigating officer. However, he would submit that petitioners are ready to cooperate with the investigating officer by appearing before him and also

by furnishing the information and documents as sought in concluding the investigation.

In view of the said submissions, considering the fact that the investigating officer has already invoked the procedure laid down under Section 41-A

Cr.P.C., this Petition is disposed of directing the investigating officer in Cr.No.97 of 2021 pending on the file of Police Station Velgatoor, Jagital

District to strictly follow the procedure laid down under Section 41-A Cr.P.C. The investigating officer is further directed to issue fresh notice under

Section 41-A Cr.P.C., to the petitioners by giving reasonable time to them to submit their explanation along with the documents in support of their

contentions. Petitioners shall cooperate with the investigating officer by furnishing the information and documents as sought in concluding the

investigation.

Miscellaneous petitions pending, if any, shall stand disposed of.