Dismissed

N.S. Reddy v. The State Of Telangana

Telangana HC10 Dec 2015CRLP/6709/2015

Case brief

AI extract

What is this about?

The Court dismissed a petition under Section 482 Cr.P.C. seeking quashing of criminal proceedings for forgery and cheating. It held that allegations prima facie constitute an offence and directed the police not to arrest the petitioners till investigation completion.

What did the court decide?

Directed SHO not to arrest petitioners till investigation completion; criminal petition dismissed.

N.S. Reddy 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.6709 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 petitioners/accused Nos.3 and 4 in Crime No.137 of 2015 of Saidabad Police Station, Hyderabad, registered for the offence punishable under Sections 468, 471, 420 and 419 IPC read with 34 IPC.

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

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A perusal of the record reveals that the petitioners are accused Nos.3 and 4 and the second respondent is the de facto complainant in Crime No.137 of 2015. As per the allegations made in the complaint, the petitioners herein entered into the house of the second respondent without any right whatsoever. It is further alleged that the petitioners herein along with other accused forged the signature of the second respondent. Whether the petitioners have committed the alleged offence or not will come to light during the course of investigation.

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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 law that the inherent power should not be exercised to stifle

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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 petitioners, 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 allegations made in the complaint 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] PUNJA B , STATE OF HARYANA v. BHAJAN LA L , [3] V.Y.JOSE V STATE OF GURAJA T AND TEEJA DEVI v. [4] STATE OF RAJASTHA N , 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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A perusal of the record reveals that this Court granted stay of arrest of accused Nos.1 and 2 in the same crime in Criminal Petition No.4718 of 2015 on 12.06.2015.

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Having regard to the facts and circumstances of the case and also in view of the orders dated 12.06.2015 passed by this Court so far as accused Nos.1 and 2 are concerned, the Station House Officer, Saidabad Police Station, Hyderabad, is hereby directed not to arrest the petitioners/Accused Nos.3 and 4 till

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completion of investigation in Crime No.137 of 2015.

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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:10.12.2015 Rns