Allowed

H.V. Ramana, v. the State of Ap Rep by Its Pp Hyd., and Another

Telangana HC23 Aug 2018CRLP/9791/2011

Case brief

AI extract

What is this about?

The single judge allowed a Criminal Petition filed under Section 482 Cr.P.C. to quash police proceedings. The court held that as the second respondent possesses locus standi only after recovering dues and shares liability, continuing proceedings would be an abuse of process.

What did the court decide?

Criminal Petition No. 9791 of 2011 allowed; proceedings in Crime No. 863 of 2011 quashed.

H.V. Ramana, Vs the State of Ap Rep by Its Pp Hyd., and… — Quashing and FIR | Telangana HC (2018)

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SMT. JUSTICE T. RAJANI

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CRIMINAL PETITION No. 9791 OF 2011

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O R D E R :

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This Criminal Petition is filed under Section 482 of Cr.P.C., seeking

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to quash the Proceedings in Crime No. 863 of 2011 of Rajendranagar Police

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Station, Cyberabad, registered for the offences punishable under Section 406

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and 420 of I.P.C. against the petitioner/accused.

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Heard the learned counsel for the petitioner and the learned counsel

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appearing for the second respondent and the learned Public Prosecutor for the

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first respondent.

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The counsel for the petitioner submits that the second respondent

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does not have locus standi to file this complaint, as he was also alleged to have

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been responsible for the amount that was found during the audit. The order

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dated 07/10/2006 shows that the complainant was to deposit Rs.1528/- while

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the petitioner was to deposit Rs.39,669/-. The counsel for the second

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respondent submits that subsequent to the audit order he has paid the said

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amount.

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The counsel for the petitioner submits that he also paid the said

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amount. He draws attention of this Court to the statement given by him,

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wherein he stated that he paid amount immediately after clearing the account.

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The memorandum issued by the Assistant Director, [Admin], dated

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30/04/2007 shows that first instalment of the due amount was recovered

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from the salary of the petitioner. The second respondent does not dispute the

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fact that the entire amount that was found to be due from the petitioner was

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recovered. When such is the case, the second respondent does not have locus

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standi to file the complaint against the petitioner, as he was also equally found

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responsible for certain amount.

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proceedings in Crime No. 863 of 2011 of Rajendranagar Police Station,

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Cyberabad, registered for the offences punishable under Section 406 and 420

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of I.P.C. against the petitioner/accused would result in abuse of process of law.

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Hence, the Criminal Petition is allowed and further proceedings in

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Crime No. 863 of 2011 of Rajendranagar Police Station, Cyberabad, registered

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for the offences punishable under Section 406 and 420 of I.P.C. against the

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petitioner/accused are quashed.

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As a sequel, miscellaneous petitions if any, pending in this criminal

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petitions stand disposed of.

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_______________ JUSTICE T . RAJANI

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23-08-2018 I s L

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SMT. JUSTICE T. RAJANI

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CRIMINAL PETITION No. 9791 OF 2011

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[ RESULT : ALLOWED ]
Circulation No: 362
Date: 23-08-2018
Court Master : I s L

H.V. Ramana, v. the State of Ap Rep by Its Pp Hyd., and Another

Case brief

What is this about?

What did the court decide?

H.V. Ramana, v. the State of Ap Rep by Its Pp Hyd., and Another

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

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Case details

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