Dismissed

Y. Gopi Krishna v. The State of Andhra Pradesh

Telangana HC14 Nov 2014CRLP/9805/2009

Case brief

AI extract

What is this about?

This order dismisses a petition under Section 482 Cr.P.C. seeking quashing of proceedings for theft and trespass. The Court held it was not a fit case to quash the proceedings at the investigation stage and only directed a restriction on arrest.

What did the court decide?

Directs SHO not to arrest accused till completion of investigation or filing of report; Criminal Petition dismissed.

Y. Gopi Krishna Vs The State of Andhra Pradesh — Cheque Dishonour | Telangana HC (2014)

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THE HON’BLE SRI JUSTICE T.SUNIL CHOWDARY

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CRIMINAL PETITION No.9805 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.392 of 2009 of Satyanarayanapuram Police Station, Vijayawada registered for the offences under Sections 448 and 379 read with 34 I.P.C.

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The learned counsel for the petitioners submitted that the second respondent foisted a false case against the petitioners. 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.392 of 2009.

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As per the allegations made in the complaint, on 23.07.2009 the petitioners trespassed into the house of the second respondent and committed theft.

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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

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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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A perusal of the record reveals that this Court granted interim stay on 24.11.2009 and the same has been in force till date.

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In view of the earlier orders passed by this Court, the Station House Officer, Satyanarayanapuram is hereby directed not to arrest the petitioners/A.1 to A.3 in Crime No.392 of 2009 till completion of the investigation or filing of the report.

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With the above direction, the Criminal Petition is dismissed. Consequently, Miscellaneous Petitions, if any, pending in this

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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

Y. Gopi Krishna v. The State of Andhra Pradesh

Case brief

What is this about?

What did the court decide?

Y. Gopi Krishna v. The State of Andhra Pradesh

Case brief

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