THE HON’BLE SRI JUSTICE T. SUNIL CHOWDARY CRIMINAL PETITION No.10999 of 2014 ORDER:
This Criminal Petition is filed under Section 482 of Cr.P.C., to quash the proceedings against the petitioner/A1 in Crime No.371 of 2014 of Chandanagar Police Station, Cyberabad district for the offences punishable under Sections 420, 406 and 506 r/w.34 of IPC and Section 156 (3) of Cr.P.C.
2. Learned counsel for the petitioner submitted that the lis between the parties is purely civil in nature.
3. Learned Public Prosecutor submitted that this is not the stage to decide the nature of the lis between the parties.
4. This Court can quash the proceedings by exercising inherent jurisdiction under Section 482 Cr.P.C. in the following circumstances: (1) if the allegations made in the complaint do not constitute any offence much less the offence alleged to have been committed by the petitioner; (2) even if the allegations made in the complaint ex facie taken to be true and correct, there is no possibility of conviction of the petitioner; (3) if the registration of the case against the petitioner is prohibited by any law for the time being in force; (4) if the registration of crime and continuation of investigation would amount to misuse of process of law; or (5) to secure the ends of justice.
5. The first respondent is the de-facto complainant and the petitioner herein is A1 in Crime No.371 of 2014. As per the allegations made in the complaint the petitioner/A1 borrowed an amount of Rs.20,00,000/- on 01-10-2007 and Rs.7,00,000/- on 06- 06-2009 from the first respondent.
6. A perusal of the record reveals that the petitioner/A1 executed a promissory-note in favour of the first respondent in respect of the money transaction, dated 01-10-2007. It is further alleged that the petitioner herein is postponing the payment of money to the first respondent with an ulterior motive. If this Court expresses any opinion with regard to the nature of transactions between the parties the same may cause prejudice to either of the parties.
7. While deciding the petition under Section 482 of Cr.P.C., the Court has to take into consideration the allegations made in the complaint only. The Court is not be justified in embarking upon an enquiry as to probability, reliability or genuineness of the allegations made in the complaint at the initial stage of investigation. The material available on record is prima facie sufficient to investigate into the matter in order to ascertain truthfulness or otherwise of the allegations made in the complaint.
8. Having regard to the facts and circumstances of the case and also the principles enunciated in R.P. Kapoor v State of
Punjab
[1] [2] and State of Haryana v. Bhajanlal , I am of the view that it is not a fit case to quash the proceedings at the threshold.
9. Learned counsel for the petitioner submitted that the Station House Officer, Chandanagar Police Station may be directed not to arrest the petitioner/A1 till completion of investigation.
10. In view of the nature of the lis between the parties, I am inclined to direct the Station House Officer, Chandanagar Police Station not to arrest the petitioner/A1 in Crime No.371 of 2014 till completion of investigation or filing of report.
11. With the above direction, the Criminal Petition is dismissed. Consequently, Miscellaneous Petitions, if any, pending in this Criminal Petition shall stand closed.
T. SUNIL CHOWDARY, J September 17, 2014.
Pn THE HON’BLE SRI JUSTICE T. SUNIL CHOWDARY CRIMINAL PETITION No.10999 of 2014 September 17, 2014 Pn
[1] AIR 1960 SC 866
[2] AIR 1992 SC 604