THE HON’BLE SRI JUSTICE T.SUNIL CHOWDARY CRIMINAL PETITION No.15954 of 2014 ORDER:
This petition is filed under Section 482 of Cr.P.C., to quash the proceedings against the petitioners/A1 to A5 in Crime No.148 of 2014 of Lingala Ghanpur Police Station, Warangal District, registered for the offences under Sections 420, 406 and 506 read with 34IPC.
The learned counsel for the petitioners submitted that the lis involved between the parties is purely civil in nature and there is no element of criminality. The learned Public Prosecutor submitted that the allegations made against the petitioners constitute the offences alleged.
A perusal of the record reveals that the petitioners are A1 to A5 and second respondent is de facto complainant in Crime No.148 of 2014. As per the allegations made in the complaint, the petitioners are postponing the registration of house plot or repayment of money on one pretext or the other. The gist of the allegations made in the complaint is that the petitioners have cheated the second respondent.
The court has to take into consideration the allegations made in the complaint only while deciding the petition under Section 482 Cr.P.C. The court is not justified in embarking upon an enquiry to ascertain reliability or genuineness of the allegations made in the complaint at the initial stage of investigation. Whether any element of criminality is involved, in this transaction, or not will come to light during the course of investigation.
Having regard to the facts and circumstances of the case and also the principle enunciated in R.P.Kapoor v State of Punjab and State of Haryana v Bhajan Lal, I am of the considered view that this is not a fit case to quash the criminal proceedings at the threshold.
Learned counsel for the petitioners submitted that the concerned Police may be directed not to arrest the petitioner till completion of investigation. In view of the principle enunciated by the Hon’ble Apex Court in Arnesh Kumar v State of Bihar, the Station House Officer, Lingala Ghanpur P.S., is hereby directed to follow the procedure contemplated under Section 41A Cr.P.C., in Crime No.148 of 2014 so far as the petitioners/A1 to A5 are concerned.
With the above direction, the criminal petition is dismissed. Miscellaneous petitions, if any pending in the criminal petition, shall stand closed.
T.SUNIL CHOWDARY, J December 23, 2014. YS