Dismissed

Nand Kishore Mohan Lal Agarwal v. The State of Andhra Pradesh

Telangana HC14 Nov 2014CRLP/9667/2009

Case brief

AI extract

What is this about?

This affirmative order dismissed a petition under Section 482 Cr.P.C. seeking to quash criminal proceedings for cheating. The court held that the petition is not a fit case for quashment at the investigation stage but granted a specific direction not to arrest the accused without following Section 41A Cr.P.C. procedure.

What did the court decide?

Direction not to arrest petitioners/A.1 to A.3 in Crime No.148 of 2009 without following Section 41A Cr.P.C. till completion of investigation or filing of report.

Nand Kishore Mohan Lal Agarwal Vs The State of Andhra… — Quashing and FIR | Telangana HC (2014)

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THE HON’BLE SRI JUSTICE T.SUNIL CHOWDARY CRIMINAL PETITION No.9667 of 2009

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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 petitioners/A.1 to A.3 in Crime No.148 of 2009 of Nampally Police Station, Hyderabad District registered for the offences under Sections 406, 409 and 420 read with 34 I.P.C.

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The learned counsel for the petitioners submitted that the second respondent converted the civil litigation into criminal proceedings. He further submitted that the allegations made in the complaint do not constitute the offences alleged.

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The learned Public Prosecutor submitted that this is not the stage to go into the merits of the main case.

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A perusal of the record reveals that the petitioners are accused Nos.1 to 3 and the second respondent is the de facto complainant in Crime No.148 of 2009.

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As per the allegations made in the complaint, the petitioners created false documents with an intention to cheat the second respondent. It is further alleged that the petitioners threatened the second respondent with dire consequences.

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While deciding the petition under Section 482 Cr.P.C., the Court has to take into consideration the allegations made in the complaint only. The Court is not be justified in embarking upon an enquiry as to probability, reliability or genuineness of the allegations made in the complaint at the initial stage of investigation. The material placed before the Court is prima facie sufficient to investigate into the matter in order to ascertain the truthfulness or otherwise of the allegations made in the complaint.

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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 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 petitioners submitted that the concerned Station House Officer may be directed not to arrest the petitioners till completion of the investigation.

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In view of the principle enunciated by the Supreme Court in Arnesh Kumar v. State of Bihar and anothe r^[3] , the Station House Officer, Nampally is hereby directed not to arrest the petitioners/A.1 to A.3 in Crime No.148 of 2009 without following the procedure as contemplated under Section 41A Cr.P.C. till completion of the investigation or filing of the report.

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With the above direction, 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: 14.11.2014 Ivd

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[1] AIR 1960 SC 866

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[2] AIR 1992 SC 604