Partly allowed

S.Y. Srikumar v. The State of a.P.,rep.,Pp

Telangana HC22 Dec 2015CRLP/13731/2015

Case brief

AI extract

What is this about?

Criminal Petitioner filed a petition under Section 482 Cr.P.C. to quash proceedings for cheating. The court held that pending investigation is not a fit case for quashing. However, the court directed the Station House Officer not to arrest the petitioner till the investigation concludes.

What did the court decide?

Directed Station House Officer not to arrest the petitioner till completion of investigation; Cr.P. dismissed.

S.Y. Srikumar Vs The State of a.P.,rep.,Pp — Quashing and FIR | Telangana HC (2015)

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THE HON’BLE SRI JUSTICE T.SUNIL CHOWDARY CRIMINAL PETITION No.13731 of 2015

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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 petitioner/A.1 in Crime No.434 of 2015 on the file of the Station House Officer, Tadipathri Town Police Station, Anantapur District, registered for the offence under Section 420 read with 34 I.P.C.

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2. Heard Sri Veera Reddy, the learned senior counsel appearing for the petitioner and the learned Public Prosecutor representing the State.

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3. A perusal of the record reveals that the petitioner is accused No.1 and the second respondent is the de facto complainant in Crime No.434 of 2015.

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4. As per the allegations made in the complaint, the petitioner along with accused No.2 agreed to supply digital equipment if the second respondent pay an amount of Rs.12,00,000/-. It is further alleged that the second respondent paid an amount of Rs.1,00,000/- to them, who in turn did not supply the equipment. The gist of the allegations made in the complaint is that the petitioner cheated the second respondent.

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5. Whether the petitioner has committed the alleged offence or not will come to light during the course of investigation only. While exercising the inherent power under Section 482 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 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

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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 Supreme Court in R.P.Kapoor v. [1] [2] State of Punja b and State of Haryana v. Bhajanla l , I am of the considered view that it is not a fit case to quash the proceedings at the initial stage of the investigation.

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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 till completion of the investigation.

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8. Taking into consideration the facts and circumstances of the case, this Court is inclined to direct the Station House Officer, Tadipathri Town Police Station, Anantapur District, not to arrest the petitioner/A.1 in Crime No.434 of 2015 till completion of the investigation.

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9. With the above direction, the Criminal Petition is dismissed.

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10. Consequently, Miscellaneous Petitions, if any, pending in this Criminal Petition shall stand closed.

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________________________ T.SUNIL CHOWDARY, J Date: 22.12.2015 Ivd

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[1] AIR 1960 SC 866

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[2] AIR 1992 SC 604

S.Y. Srikumar v. The State of a.P.,rep.,Pp

Case brief

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S.Y. Srikumar v. The State of a.P.,rep.,Pp

Case brief

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