This judgment in Criminal Petition No. 408 of 2010 addressed a plea to quash proceedings under IPC Section 418 for chit fund default. The court held that the prima facie allegations were sufficient to investigate.
Direction not to arrest the petitioner till completion of investigation or filing of report.
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 T. SUNIL CHOWDARY CRIMINAL PETITION No.408 of 2010
ORDER:
This Criminal Petition is filed under Section 482 of Cr.P.C., to quash the proceedings against the petitioner/ accused in Crime No.200 of 2009 of Adoni II Town Police Station, Kurnool District for the offence under Sections 418 of I.P.C. and Section 156(3) of Cr.P.C.
2. The learned counsel for the petitioner submitted that the allegations made in the complaint do not constitute the offence alleged.
3. Learned Additional Public Prosecutor submitted that the allegations made in the complaint prima facie constitute the offence alleged.
4. A perusal of the record reveals that the petitioner herein is the accused and the second respondent is the de facto complainant. As per the allegations made in the complaint, the 2nd respondent is one of the subscribers of the chit and the petitioner herein failed to repay the amount to the 2nd respondent. 5. While deciding the petition under Section 482 of Cr.P.C., the Court has to take into consideration the allegations made in the complaint only. The Court is not justified in embarking upon an enquiry as to probability, reliability or genuineness of the allegations made in the complaint. It is settled principle of law that the Court shall not stifle the legitimate investigation more particularly at the initial stage of investigation. The material available on record is prima facie sufficient to investigate into the matter in order to ascertain truthfulness or otherwise of the allegations made in the complaint.
6. Having regard to the facts and circumstances of the case and also the principles enunciated by the
Hon’ble Supreme Court in R.P. Kapoor v. State of Punjab and State of Haryana v. Bhajanlal, I am of the view that it is not a fit case to quash the proceedings at the threshold.
7. The learned counsel for the petitioner submitted that the concerned Station House Officer may be directed not to arrest the petitioner/accused till completion of the investigation.
8. A perusal of the record reveals that this Court granted interim stay on 22.01.2010. In view of the earlier orders passed by this Court, the Station
House Officer, Adoni II Town Police Station, Kurnool District, is hereby directed not to arrest the petitioner/accused in Crime No.200 of 2009 till completion of the investigation or filing of the report.
9. With the above direction, the Criminal Petition is dismissed. Consequently, Miscellaneous Petitions, if any, pending in this Criminal Petition shall stand closed.
_________________________ T. SUNIL CHOWDARY, J
10th November, 2014
siva
THE HON’BLE SRI JUSTICE T. SUNIL CHOWDARY
CRIMINAL PETITION No.408 of 2010
10th November, 2014
siva
3 issues framed by the court
Whether the criminal proceedings under IPC Section 418 for chit fund default should be quashed at the threshold.
Whether an order directing the police not to arrest the accused till completion of investigation should be issued.
Whether the prima facie sufficiency of allegations justifies continuing the investigation without stifling legitimate inquiry.
Colour shows how this judgement treated each authority
R.P. Kapoor v. State of PunjabReferred¶7
R.P. Kapoor v. State of Punjab
State of Haryana v. BhajanlalReferred¶7
State of Haryana v. Bhajanlal
3 provisions across 2 enactments
Petitioner/Accused
2nd Respondent
State/Probation of Offender
T. Sunil Chowdary
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
