The High Court dismissed a petition under Section 482 Cr.P.C. seeking to quash proceedings in C.C. No.234 of 2012. The court held that no case was made out against the petitioner on a fair reading of the charge sheet.
The Criminal Petition was dismissed and the proceedings in C.C. No.234 of 2012 were not quashed.
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 HON’BLE SRI JUSTICE B. CHANDRA KUMAR
Criminal Petition No. 12246 of 2013
Order:
This criminal petition, under Section 482 Cr.P.C., is filed by the petitioner/A1 seeking to quash the proceedings in C.C. No.234 of 2012 on the file of the Special Judicial Magistrate of First Class, Erramanzil, Hyderabad.
Heard.
The only points raised by the learned counsel for the petitioner is that the petitioner has no way concerned with the premises in which the alleged offence has taken place. It is also his submission that the petitioner was not in India on the date of alleged offence. The prosecution case is that, on 03.08.2011 on information, the Police, Central Zone, Task Force surprised the premises and arrested A2 to A4 and recorded their confessional statements. It is alleged that A2 was the manager and A2 to A4 were running a brothel house in the name of massage centre. The confessional statements of those accused persons revealed that the said brothel house is being run as per the instructions of the petitioner herein and the petitioner has opened the said massage centre in the name of “Jazz Spa”. It is also alleged that the petitioner was procuring female workers and luring the customers through paper advertisements, ‘just dial’ and web site of Google by mentioning phone numbers 040-27893499 and 9502737019. It is also alleged that the petitioner used to negotiate with the customers and lure them.
As far exercising powers under Section 482 Cr.P.C is concerned, the Court has to consider the allegations made in the
complaint or in the charge sheet. Unless and until a fair reading of the contents of the FIR or the charge sheet go to show that no case is made out against the accused, the proceedings impugned cannot be quashed. Sufficiency or insufficiency of evidence cannot be looked into and similarly appreciation of evidence cannot be done while considering a quash petition. There is nothing on record to show that no case is made out against the petitioner on a fair reading of the charge sheet. In the circumstances, I do not see any reason to quash the proceedings in C.C. No.234 of 2012.
Accordingly, the Criminal Petition is dismissed.
______________________ B. CHANDRA KUMAR, J.
Date: 04.11.2013 Nsr
1 issue framed by the court
Whether the criminal proceedings in C.C. No.234 of 2012 can be quashed under Section 482 Cr.P.C. at this stage.
1 provisions across 1 enactments
The Petitioner (A1)
A2 to A4
B. CHANDRA KUMAR
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
