Dismissed

Bijjam Purushotham Reddy, v. The State of a.P., rep. by its P.P., High Court of A.P.

Telangana HC25 Aug 2014CRLP/2413/2011

Case brief

AI extract

What is this about?

The court dismissed a petition under Section 482 Cr.P.C. seeking to quash criminal proceedings for unauthorized construction and threat. Holding that investigations are pending and prima facie material is sufficient, the court refused to quash but directed an immediate stay on the arrest of the petitioner.

What did the court decide?

Directed Station House Officer not to arrest the petitioner till completion of investigation or filing of the report; Criminal Petition dismissed.

Bijjam Purushotham Reddy, Vs The… — Constitutional and Fundamental Rights | Telangana HC (2014)

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THE HON’BLE SRI JUSTICE T. SUNIL CHOWDARY CRIMINAL PETITION No.2413 of 2011

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ORDER:

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This Criminal Petition is filed under Section 482 of Cr.P.C., to quash the proceedings against the petitioner in Crime No.34 of 2011 of Nellore Rural Police Station, Nellore district.

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2. Heard learned counsel for the petitioner, learned Additional Public Prosecutor for State and learned counsel for the second respondent

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3. Learned counsel for the petitioner submitted that when the petitioner herein had obtained an interim injunction on 01-02-2011, the question of trespassing into the land of the second respondent on 06-02-2011 does not arise. He further submitted that the second respondent foisted a false case against the petitioner in view of the pendency of the civil dispute.

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4. Learned Additional Public Prosecutor submitted that the allegations made in the complaint constitute the alleged offence.

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5. This Court can quash the proceedings by exercising inherent jurisdiction 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 to have been committed by the petitioner; (2) even if the allegations made in the complaint ex facie taken to be true and correct, there is no

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possibility of conviction of the petitioner; (3) if the registration of the case against the petitioner is prohibited by any law for the time being in force; (4) if the registration of crime and continuation of investigation would amount to misuse of process of law; or (5) to secure the ends of justice.

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6. A perusal of the record reveals that the second respondent lodged a complaint to the Station House Officer, Nellore Rural Police Station, who in turn registered a case in Crime No.34 of 2011 against the petitioner under Sections 447, 427 and 506 of IPC.

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7. As per the allegations made in the complaint on 06-02-2011 the petitioner herein un-authorizedly making constructions in the plot of the second respondent. It is further alleged that the petitioner herein threatened the second respondent with dire consequences.

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8. Whether the petitioner unauthorizedly entered into the plot of the second respondent on 06-02-2011 will come in light during the course of investigation. This is not the stage to decide the truthfulness or otherwise of the allegations made in the complaint in view of the pendency of the investigation. The material available on record is prima facie sufficient to conduct the investigation in this case.

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9. Having regard to the facts and circumstances of the case

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and also the principles enunciated in R.P. Kapoor v State of Punja b^[1] and State of Haryana v. Bhajanlal^[2] , I am of the humble view that it is not a fit case to quash the proceedings at the threshold.

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10. Learned counsel for the petitioner submitted that the Station House Officer, Nellore Rural P.S., may be directed not to arrest the petitioner.

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11. A perusal of the record reveals that this Court granted interim stay on 18-03-2011 and the same has been in force till today. In view of the earlier orders passed by this Court and also the nature of the dispute between the parties, the Station House Officer, Nellore Rural P.S., is hereby directed not to arrest the petitioner in Crime No.34 of 2011 till completion of investigation or filing of the report.

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12. With the above direction, the Criminal Petition is dismissed. Miscellaneous petitions if any pending in this criminal petition shall stand closed.

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_________________________ T. SUNIL CHOWDARY, J August 25, 2014. Pn

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THE HON’BLE SRI JUSTICE T. SUNIL CHOWDARY

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CRIMINAL PETITION No.2413 of 2011

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August 25, 2014.

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[1] AIR 1960 SC 866 [2] AIR 1982 SC 604