THE HON’BLE SRI JUSTICE T. SUNIL CHOWDARY CRIMINAL PETITION No.10954 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.235 of 2014 of Bodhan Police Station, Nizamabad District for the offences punishable under Sections 418, 423, 464, 465, 120B and 34 of IPC.
2. Learned counsel for the petitioner submitted that the lis between the petitioner and the second respondent is purely civil in nature. He further submitted that the allegations made in the complaint do not constitute the offences alleged.
3. Learned counsel for the second respondent and learned Public Prosecutor submitted that this is not the stage to go into the merits of the main case.
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 second respondent is the de-facto complainant and the petitioner herein is A1 in Crime No.235 of 2014. As per the allegations made in the complaint the petitioner herein along with A2 executed a document on 08-01-2011 with an intention to de- fraud the second respondent. The gist of the allegations made in the complaint is that the petitioner and another have cheated the second respondent/de-facto complainant.
6. 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 state of investigation. The material available on record is prima facie sufficient to conduct the investigation into the matter in order to ascertain truthfulness or otherwise of the allegations made in the complaint.
7. 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.
8. Learned counsel for the petitioner submitted that the Station House Officer, Bodhan Police Station may be directed not to arrest the petitioner/A1 till completion of investigation.
9. Having regard to the nature of the offences alleged to have been committed by the petitioner, I am inclined to direct the Station House Officer, Bodhan Police Station not to arrest the petitioner/A1 in Crime No.235 of 2014 till completion of investigation or filing of report.
10. With the above direction, the Criminal Petition is dismissed. Miscellaneous petitions if any pending in this criminal petition shall stand closed.
T. SUNIL CHOWDARY, J September 16, 2014.
Pn THE HON’BLE SRI JUSTICE T. SUNIL CHOWDARY CRIMINAL PETITION No.10954 of 2014 September 16, 2014 Pn
[1] AIR 1960 SC 866
[2] AIR 1992 SC 604