Dismissed

Goppu Satishkumar, v. The State of Andhra Pradesh through Station House Officer

Telangana HC11 Nov 2014CRLP/9103/2009

Case brief

AI extract

What is this about?

In a petition under Section 482 Cr.P.C. seeking to quash proceedings for trespass and criminal intimidation, the High Court held the case was not fit for quashing as allegations prima facie disclosed an offence. The petition was dismissed, with a direction to not arrest the accused until investigation completes or police report is filed.

What did the court decide?

Directing police not to arrest the accused till completion of investigation or filing of the report.

Goppu Satishkumar, Vs The State of Andhra Pradesh through… — Quashing and FIR | Telangana HC (2014)

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THE HON’BLE SRI JUSTICE T. SUNIL CHOWDARY CRIMINAL PETITION No.9103 of 2009

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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/ accused in Crime No.336 of 2009 of Visakhapatnam III Town Police Station, Visakhapatnam District for the offences under Sections 448 and 506 of I.P.C.

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2. The learned counsel for the petitioner/accused submitted that the allegations made in the complaint do not constitute the offence alleged.

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3. Learned Additional Public Prosecutor submitted that the allegations made in the complaint prima facie constitute the offence alleged.

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4. A perusal of the record reveals that the petitioner herein is the accused and the second respondent is the de facto complainant in Cr.No.336 of 2009. As per the allegations made in the complaint, on 21.06.2009, the petitioner herein trespassed into the premises of A.P.S.R.T.C.Depot, Visakhapatnam, and threatened the management that he will commit suicide by pouring kerosene. 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.

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6. Having regard to the facts and circumstances of the case and also the principles enunciated by the

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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.

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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.

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8. A perusal of the record reveals that this Court granted interim stay on

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04.11.2009. In view of the earlier orders passed by this Court, the Station House Officer, Visakhapatnam III Town Police Station, Visakhapatnam District, is hereby directed not to arrest the petitioner/accused in Crime No.336 of 2009, till completion of the investigation or filing of the report.

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9. With the above direction, the Criminal Petition is dismissed. 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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11^th November, 2014

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siva

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THE HON’BLE SRI JUSTICE T. SUNIL CHOWDARY

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CRIMINAL PETITION No.9103 of 2009

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11^th November, 2014