The High Court dismissed a petition seeking quashal of criminal proceedings for alleged forgery following a private complaint. The Court held that the approach to quash investigations at an early stage where investigation is pending is premature.
Criminal petition dismissed with liberty to police to investigate; interim stay lifted.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
THE HONOURABLE HIGH COURT OF ANDHRA PRADESH:: HYDERABAD
PRESENT:
THE HONOURABLE SRI JUSTICE K.S.APPARAO
CRIMINAL PETITION NO:3741 OF 2012
DATED:03.07.2012
BETWEEN:
DEVARAPU VENKATESWARLU
…PETITIONER
AND
THE STATE OF A.P. REP BY THE PUBLIC PROSECUTOR & ANOTHER
…RESPONDENTS.
THIS COURT MADE THE FOLLOWING:
THE HONOURABLE SRI JUSTICE K.S.APPARAO
CRIMINAL PETITION NO:3741 OF 2012
ORDER:
This criminal petition is filed to quash the proceedings in Cr.No:114 OF 2011 of 4 town police station, Nellore on the ground that the cognizance taken against the petitioner for the alleged offence pursuant to the private complaint filed by the defacto complainant is not maintainable as there is no such finding by the Civil Court about the alleged fabrication of agreement in the civil suit pending before it.
As seen from the record, the petitioner filed the suit in O.S.No:54 of 2011 for specific performance of agreement of sale against the 2nd
respondent and after receiving the summons in the said suit, the 2nd respondent filed a private complaint vide C.F.No:2667 of 2011 before the 5th Additional Judicial First Class Magistrate, Nellore for the alleged offences under sections 465, 467, 471, 469 and 500 I.P.C alleging that the petitioner has farbricated the agreement with a dishonest intention to cause loss to him.
The learned Magistrate referred the said private complaint under section 156 (3) Cr.P.C to the police for investigation. The Station House Officer, 4-town police station, Nellore registered the complaint as Cr.No:114 of 2011 on 21.5.2012 for the offences under sections 465, 467, 471, 469 and 500 I.P.C.
After registering the same, the present petition is filed to quash the said proceedings and while issuing notice to the 2nd respondent, this Court has granted interim stay till 19.6.2012.
Now, the point for consideration is whether there are any grounds to quash the proceedings as alleged.
Basing on the private complaint filed by the 2nd respondent and on reference made by the trial Court under section 156 (3) Cr.P.C, the police registered the crime for the offences under sections 465, 467, 471, 469 and 500 I.P.C.
According to the petitioner, in the absence of any finding by a competent Civil Court as to the alleged fabrication of the document in question, the private complaint for the offence under section 467 is not maintainable.
The learned Magistrate without resorting to record the sworn statement of the complainant under section 202 Cr.P.C referred the matter to the police under section 156 (3) Cr.P.C and therefore, the Court has not taken cognizance for the offence under section 467 IPC. However, the police having found the prima facie case in the private complaint registered the same for the offences as stated supra.
The investigation in this case is under progress and apart fromt that, due to granting of limited stay, further investigation could not be proceeded. Therefore, it is a fit case to dismiss the petition with a liberty to the police to investigate the matter pursuant to the order of the trial Court under section
156 (3) Cr.P.C. If the petitioner is otherwise aggrieved after completion of the investigation, he can as well move the Court for the appropriate relief. Therefore, the approach of the petitioner at this stage of the proceedings, is a premature one and consequently, the criminal petition is liable to be dismissed.
Accordingly, the criminal petition is dismissed.
__________________ Justice K.S.Apparao
Date:03.07.2012
THE HONOURABLE SRI JUSTICE K.S.APPARAO
CRIMINAL PETITION NO:3741 OF 2012
DATED:03.07.2012
2 issues framed by the court
Whether criminal proceedings for forgery maintaining a private complaint without prior civil court findings on fabrication are maintainable.
Whether the High Court can quash the investigation at its initial stage when a prima facie case exists.
3 provisions across 2 enactments
Devarapu Venkateswarlu
The State of A.P.
K.S. Apparao
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
