Dismissed

Idbi Bank Ltd., v. The State of Telangana

Telangana HC29 Dec 2015CRLP/13897/2015

Case brief

AI extract

What is this about?

In a bail petition under Section 482 Cr.P.C., the Court held that the allegations of cheating in a cyber theft case were prima facie sufficient to justify investigation. Consequently, the petition to quash proceedings was dismissed, but the accused was directed not to be arrested until the investigation concluded.

What did the court decide?

A direction was issued not to arrest the petitioner during the investigation period.

Idbi Bank Ltd., Vs The State of Telangana — Contract and Commercial Disputes | Telangana HC (2015)

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THE HON’BLE SRI JUSTICE T.SUNIL CHOWDARY CRIMINAL PETITION No.13897 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/accused in Crime No.6 of 2015 on the file of Station House Officer, Cyber Crimes, Central Crime Station, Hyderabad, registered under Section 66(A)(C) and (D) of ITA Act, 2008 and under Section 420 IPC.

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Heard the learned counsel for the petitioner and the learned Public Prosecutor representing the State.

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As per the allegations made in the complaint, some unknown person withdrew an amount of Rs.10,00,000/- from the bank account of the second respondent. It is further alleged that there is negligence on the part of the bank officials also. The gist of the allegations made in the complaint is that the petitioner in connivance with others cheated the second respondent. Whether the unknown persons hacked the bank account of the second respondent or whether the petitioner herein cheated the second respondent or not will come to light during the course of investigation only.

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It is needless to say that the court has to take into consideration the allegations made in the complaint while exercising inherent jurisdiction under Section 482 Cr.P.C., in order to quash the criminal proceedings at the initial stage of investigation. The court is not justified in embarking upon an enquiry to ascertain the truthfulness, genuineness or otherwise of the allegations made in the complaint. It is a settled principle of

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law that the inherent power should not be exercised to stifle a legitimate investigation. If the allegations made in the complaint do not constitute the offence much less the offence alleged to have been committed by the petitioner, then this court can quash the proceedings in order to prevent abuse of process of court thereby to secure the ends of justice.

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I have carefully perused the material available on record in order to ascertain whether the allegations made in the complaint are patently absurd and inherently improbable thereby to quash the proceedings. The material available on record 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 principle enunciated in R.P.KAPOOR v. STATE OF [1] [2] PUNJAB , STATE OF HARYANA v. BHAJAN LAL , [3] V.Y.JOSE V STATE OF GURAJAT AND TEEJA DEVI v. [4] STATE OF RAJASTHAN , I am of the considered view that this is not a fit case to quash the criminal proceedings at the threshold.

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The learned counsel for the petitioner submitted that the concerned Station House Officer may be directed not to arrest the petitioner till completion of investigation.

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Having regard to the facts and circumstances of the case, the Station House Officer, Cyber Crimes, C.C.S., Hyderabad, is hereby directed not to arrest the petitioner/accused in Crime No.6 of 2015 till completion of investigation.

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With the above direction, the Criminal Petition is dismissed.

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Consequently, Miscellaneous Petitions, if any, pending in

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this Criminal Petition shall stand closed.

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_____________________ T.SUNIL CHOWDARY, J

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Date:29.12.2015 Rns

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