Dismissed

Prabhakar Reddy, v. State of Andhra Pradesh

Telangana HC9 Jul 2010CRLP/5574/2008

Case brief

AI extract

What is this about?

The court rejected the petitioner's plea for quashing of FIR under Section 482 CrPC. Finding a prima facie case for cheating based on available evidence, the court directed police to complete investigation within two months and dismissed the petition.

What did the court decide?

The FIR was not quashed; the criminal petition was dismissed and police were directed to complete investigation within two months.

Prabhakar Reddy, Vs State of Andhra Pradesh — Cheating and Forgery | Telangana HC (2010)

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THE HON’BLE SRI JUSTICE V.V.S. RAO

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CRIMINAL PETITION No.5574 of 2008

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July 09, 2010

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Between: Prabhakar Reddy, S/o.Kista Reddy

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… Petitioner

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AND

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State of Andhra Pradesh, represented by the Public Prosecutor, High Court of Andhra Pradesh, Hyderabad

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… Respondent

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THE HON’BLE SRI JUSTICE V.V.S. RAO CRIMINAL PETITION No.5574 of 2008

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ORDER:

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The petitioner is accused No.2 in Crime No.93 of 2008 of P.S.Dharoor in Mahabubnagar District. He filed the instant petition under Section 482 of Code of Criminal Procedure, 1973, seeking to quash F.I.R. on the ground that he is not involved in commission of offence and that he has been shown as accused based on the alleged confessional statement of accused No.1.

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This Court has perused the F.I.R. and remand diary. The same reveal that on 01.8.2008, the Station House Officer, P.S. Dharoor visited the ‘zero’ point near Priyadarshini Joorala Project dam and conducted routine checking of vehicles. When he checked Tata goods auto bearing No.AP 22 W 4746, it was loaded with Godavari DAP urea. On further probe, Tirupathaiah, driver of vehicle (accused No.1) stated that he is owner-cum-driver of auto and that petitioner got loaded 50 bags of Urea in his auto and handed over six bills. On verification of six bills, it revealed that persons in whose names bills were drawn did not in fact belong to Atmakuru Mandal. Accused Nos.1 and 2 committed offence of cheating under Section 420 of Indian Penal Code, 1860.

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The only submission made is that except confessional statement, there is nothing on record of the Police to connect the petitioner with the crime. This is a matter, which has to be probed and at this stage the investigation cannot be stopped. Prima facie case is made out against the petitioner and, therefore, this Court is not inclined to quash the F.I.R. The Police may complete the investigation as early as possible preferably within a period of two months from the date of receipt of a copy of this order and file charge sheet in the jurisdictional Criminal Court.

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The criminal petition is accordingly dismissed.

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(V.V.S.RAO,J)

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July 09, 2010

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Prabhakar Reddy, v. State of Andhra Pradesh

Case brief

What is this about?

What did the court decide?

Prabhakar Reddy, v. State of Andhra Pradesh

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

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