Dismissed

Madakam Venkateswara Rao v. State of Andhra Pradesh

Telangana HC22 Aug 2014CRLP/1252/2011

Case brief

AI extract

What is this about?

The court held that the petition under Section 482 Cr.P.C. was not a fit case for quashing at the initial investigation stage. However, relying on an interim stay granted earlier, the court directed the Station House Officer not to arrest the petitioner until the investigation concludes or the report is filed.

What did the court decide?

Directed Station House Officer not to arrest petitioner till completion of investigation or filing of report.

Madakam Venkateswara Rao Vs State of Andhra Pradesh — Domestic Violence | Telangana HC (2014)

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THE HON’BLE SRI JUSTICE T.SUNIL CHOWDARY

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CRIMINAL PETITION No.1252 of 2011

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ORDER:

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This petition is filed under Section 482 Cr.P.C. to quash the proceedings against the petitioner/A.2 in Crime No.10 of 2011 of Jeelugumilli Police Station, West Godavari District.

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The learned counsel for the petitioner submitted that the second respondent foisted a false case against the petitioner herein and others at the instance of her son by name T.Rambabu.

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This Court can quash the proceedings by exercising inherent power under Section 482 Cr.P.C. in the following circumstances :- (1) if the allegations made in the complaint do not constitute any offence much less the offence alleged in the complaint, (2) if the registration of crime and continuation of the investigation would amount to abuse of the process of the Court, (3) even if the allegations made in the complaint ex facie taken to be true and correct, there is no possibility to convict the petitioner, (4) if the registration of the case and entrustment of the investigation to the police is prohibited by any law for the time being in force or (5) to secure the ends of the justice.

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A perusal of the record reveals that the second respondent lodged a complaint to the Station House Officer, Jeelugumilli on 28.01.2011, who in turn registered a case in Crime No.10 of 2011 under Sections 143, 147, 452, 354 and 427 read with 149 I.P.C. As per the allegations made in the complaint, the petitioner along with others entered into the house of the second respondent unauthorisedly and made an attempt to outrage her modesty. A perusal of the record reveals that on the same day Police registered a case in Crime No.9 of 2011 under Sections 307 and 326 read with 34 I.P.C. A perusal of the record further reveals that number of criminal cases are pending between the parties. While deciding the petitions under Section 482

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Cr.P.C., the Court has to take into consideration the allegations made in the complaint only. This is not the stage to decide the truthfulness or otherwise of the allegations made in the complaint more particularly at the initial stage of the investigation. Whether the second respondent foisted a false case against the petitioner herein will come in light during the course of investigation. The allegations made in the complaint prima facie sufficient to conduct investigation.

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Having regard to the facts and circumstances of the case and also the principles enunciated by the Supreme Court in R.P.Kapoor v. [1] [2] State of Punja b and State of Haryana v. Bhajanla l , I am of the considered view that it is not a fit case to quash the proceedings at the initial stage of the investigation.

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The learned counsel for the petitioner submitted that the Station House Officer, Jeelugumilli may be directed not to arrest the petitioner till completion of the investigation.

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A perusal of the record reveals that this Court granted interim stay on 08.02.2011 and the same has been in force till today.

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In view of the earlier orders passed by this Court, I am inclined to direct the Station House Officer, Jeelugumilli not to arrest the petitioner, who is accused No.2 in Crime No.10 of 2011 till completion of the investigation or filing of the report. The Station House Officer, Jeelugumilli is further directed to complete the investigation as expeditiously as possible.

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With the above directions, the Criminal Petition is dismissed.

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Consequently, Miscellaneous Petitions, if any, pending in this Criminal Petition shall stand closed.

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________________________ T.SUNIL CHOWDARY, J

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Date: 22.08.2014 Ivd

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THE HON’BLE SRI JUSTICE T.SUNIL CHOWDARY

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CRIMINAL PETITION No.1252 of 2011