In a petition under Section 482 Cr.P.C. to quash proceedings for cheating and criminal intimidation, the Court held that allegations of fraud warrant investigation. The police were directed to complete inquiry without arrest.
Police directed to complete investigation without arrest; petitioner to appear on notice.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
THE HONOURABLE SRI JUSTICE RAJA ELANGO CRIMINAL PETITION No.3557 OF 2016
ORDER:
This petition is filed by the petitioners-accused under Section 482 Cr.P.C. seeking to quash the proceedings against them in Crime No.198 of 2016 on the file of Rajendranagar Police Station, Cyberabad, registered as for the offences punishable under Sections 420 and 506 IPC.
Heard and perused the material available on record.
It is alleged that the petitioners sold an extent of 150 square yards of open land to the de facto complainant for a sum of Rs.20,00,000/- by creating forged documents and when the de facto complainant tried to dig a borewell, some third party persons came there and showed the original documents, which show that the said plot was already sold them prior to the document of the de facto complainant. Then the de facto complainant went the petitioners and asked them about the said fraud and to return his amount, they abused him in filthy language and assaulted him. The truth or otherwise of the above said allegations can be ascertained during enquiry. Therefore, this Court is not inclined to interfere with the investigation against the petitioners.
At this stage, learned Counsel for the petitioners submitted that due to the pendency of the above crime, the petitioners apprehend arrest and harassment in the hands of the police.
In view of the above submission, the police concerned are directed to complete the investigation and file a final report, if any, without arresting the petitioners. In the event of necessity, the police concerned are directed to issue notice to the petitioners for their appearance before the investigating agency for the purpose of investigation. On issuance of such notice, the petitioners shall appear before the investigating agency and give an undertaking as to their future appearance as and when required by the investigating agency for the purpose of investigation.
With the above directions, the Criminal Petition is disposed of. Consequently, miscellaneous petitions pending, if any, shall stand closed.
RAJA ELANGO, J
March 16, 2016. KTL
2 issues framed by the court
Whether the High Court should quash criminal proceedings under Section 482 Cr.P.C. given lack of evidence.
Whether the accused requires protection from arrest pending investigation.
1 provisions across 1 enactments
Petitioners-Accused
De facto complainant
Raja Elango
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
