IN THE HIGH COURT OF JUDICATURE AT HYDERABD FOR THE STATE OF TELANGANA AND STATE OF ANDHRA PRADESH MONDAY THE FOURTEENTH DAY OF JULY TWO THOUSAND AND FOURTEEN PRESENT HONOURABLE SRI JUSTICE S. RAVI KUMAR CRIMINAL PETITION NO. 3633 OF 2012 Between:
D. Mohan Rao & Anr. … Petitioners/A-1 & A-2 V/s.
The State of Andhra Pradesh Through Station House Officer, Pahadishareef Police Station, Represented by Public Prosecutor High Court of Andhra Pradesh, Hyderabad & Anr. … Respondents/Complainant Counsel for Petitioners : Sri I. Gopala Reddy Counsel for Respondents : Public Prosecutor The court made the following: [order follows] HONOURABLE SRI JUSTICE S. RAVI KUMAR CRIMINAL PETITION NO. 3633 OF 2012 O R D E R :
This Criminal Petition is filed to quash FIR in Crime No. 334 of 2011 of Pahadishareef Police Station, Cyberabad for alleged offences under section 420 and 506 of IPC.
2. Heard both sides.
3. Advocate for petitioners submitted that second respondent filed a suit for recovery of money against petitioners on 07/6/2011 for the amount borrowed on 19/4/2008 and even according to the complaint averments, the claim is barred after 19/4/2011 but the suit is filed on 07/6/2011 and the petitioners have filed their written statement taking the same plea. He submitted that the very same allegations are mentioned in the complaint and this is nothing but a civil dispute converted into a criminal case. He submitted that the allegations in Para No.5 of the complaint that accused with anti- social elements went to the house of complainant is false and is a created one, only to maintain the criminal case. He submitted that since disputes are purely of civil nature and there are no prima facie allegations attracting any offence and the proceedings have to be quashed. He further submitted that against second petitioner there is not even a whisper as to her role in the incident.
4. Learned Public Prosecutor submitted that when specific allegation is made in the complaint about the incident dated 21/7/2011, the correctness of those allegations cannot be decided at this stage, since it is only at crime stage and if investigation is conducted correctness of those allegations would come to light.
5. I have perused the material filed alongwith this criminal petition.
6. Considering the submissions of both sides, copy of plaint, written statement copy of other material papers filed alongwith this criminal petition and the complaint filed before XIV Metropolitan Magistrate, Cyberabad, which was forwarded to the police for investigation, I feel by directing the police to expedite investigation and till such time not to arrest the petitioners, this criminal petition can be disposed of.
7. Accordingly, this Criminal Petition is disposed of directing the Station House Officer, Pahadishareef Police Station, Cyberabad to expedite investigation and complete it as early as possible and in the meantime not to arrest the petitioners/A-1 and A-2 till completion of investigation or filing of final report.
8. Accordingly, this Criminal Petition is disposed of.
JUSTICE S. RAVI KUMAR .
14/07/2014 I s L HONOURABLE SRI JUSTICE S. RAVI KUMAR CRIMINAL PETITION NO. 3633 OF 2012 Circulation No. Date: 14/07/2014 Court Master : I s L Computer No. 43