ORDER :

This writ petition is filed by the petitioners-A1 to A3 under Article 226 of the constitution of India seeking to issue a Writ of Certiorari for quashing the FIR No.220 of 2014 dated 16.07.2014 registered by the Police, Shahinayatgunj, for the offences under Sections 420, 506 read with 34 IPC against the petitioners as illegal, arbitrary and violative of Articles 14, 19 and 21 of the Constitution of India and in violation of the provisions of IPC.

2. The petitioner No.2 filed an affidavit in support of the petition submitting that the petitioner No.1 was his elder brother and the petitioner No.3 was his father. His father was the Proprietor of M/s. New Hyderabad Agencies, situated at Begumbazar, Hyderabad. The said Proprietary concern was engaged in the business of selling various food grains, groceries and allied products manufactured by various companies, as a wholesaler. On 06.05.2014 at 2.00 PM one Mr. Bablu Bhati, Proprietor of Snajay Kumar Shantilal and Kirana Shop came to their shop and gave order patti of tin foods and sauce items and instructed their employee Mr. Devendra Lotwala to pack the same and that he would collect the items after sometime. At about 6.45 PM Mr. Bablu Bhati called upon telephone and enquired about the packing of items. Their employee informed him that the items were ready and asked him to take the same after paying the required amount, then said Bablu Bhati became angry and abused their employee in most filthy language and threatened him with dire consequences. After few minutes, Mr. Bablu Bhati along with the respondent No.3, who was his brother and another person, came to their shop, illegally trespassed into the cash cabin and man-handled their employee, assaulted him with hands and telephone instrument. On seeing the incident their father, the petitioner No.3 and Mr.Mayur Udavani came to the rescue of their employee. The said persons left the place threatening with dire consequences. Their employee lodged a complaint with the respondent No.2 police on 06.05.2014 at 9.50 PM and the respondent No.2 registered the said complaint as FIR No.139 of 2014 for the offences under Sections 448, 323, 506 read with 34 IPC against Mr. Bablu Bhati, respondent No.3 and another person and the respondent No.2 after completion of investigation filed charge sheet dated 30.05.2014 before the XVI Additional Chief Metropolitan Magistrate, Hyderabad.

3. As a counter blast to the above case, the respondent No.3 had filed a false and frivolous complaint before the XVI Additional Chief Metropolitan Magistrate, City Criminal Courts at Nampally against the petitioners. The Court without looking into the facts and without appreciating as to whether any offence was made out as alleged, simply referred the matter to the respondent No.2 under Section 156 (3) Cr.P.C. for investigation and report. Based on the orders of the Court, the respondent No.2 registered FIR No.220 of 2014 dated 16.07.2014 against the petitioners for the offences under Sections 420, 506 read with 34 IPC. The respondent No.2 after registering the FIR, issued notices under Section 41-A Cr.P.C. to the petitioners calling upon them to explain as to why they should not be arrested in the case on the said charges. No case was made out under Sections 420 and 506 IPC. As per the FIR, no amount was paid by the respondent No.3 or the person claiming through him for the items asked to be packed. Therefore, there was no element of cheating. The averments of the complaint also would not make out any case under Section 506 IPC against the petitioners. The complaint was an abuse of process of law and prayed to issue a writ of certiorari by quashing the FIR No.220 of 2014.

4. Notice was issued to the respondent No.3. The respondents No.1 and 2 were represented by the learned Government Pleader for Home. There is no representation for the respondent No.3 even after service of notice.

5. Heard the learned counsel for the petitioners and the learned Government Pleader