THE HON'BLE SRI JUSTICE S. RAVI KUMAR CRIMINAL PETITION No.4180 of 2014 Date:03.07.2014 Between:
Smt. Nangunooru Chandrakala And others.
. Petitioners.
AND Ch. Abilash and another.
. Respondents.
The Court made the following :
THE HON'BLE SRI JUSTICE S. RAVI KUMAR CRIMINAL PETITION No.4180 of 2014 ORDER:
This petition is filed to quash First Information Report in Crime No.194/2014 of Saroornagar Police Station, Cyberabad for offences under Sections 406, 420, 523, 506, 120-B read with Section 34 IPC.
2. Heard Advocate for petitioners.
3. He submitted that dispute is purely a civil dispute and there are civil cases and criminal cases between the parties and as a counter blast to the civil suit filed by A1 and also for the complaint given by third petitioner herein against first respondent, which is subject matter of Crime No.75/2014, this complaint is pressed into service.
He further submitted that the remedy of the first respondent is on civil side and that no prima facie offence is made out from the allegations in the complaint.
4. I have perused the material papers filed along with the quash petition. In the complaint, it is specifically alleged that at the instance of the petitioners only, the complainant purchased a Flat bearing No.301 of S.V Homes, Srigiri Nilayam Block, Kishan Kumar Enclave, Kranthi Nagar, Karmanghat Village, Saroornagar and specific allegations against A2 & A3 are that they signed as witnesses on the registered sale deed. These aspects require investigation and the truth will come out only if a thorough investigation is taken both on the allegations and counter allegations of the parties. Therefore, the contention of the Advocate for petitioners that there is no prima facie material attracting the offence cannot be accepted. This Court, at the stage of ordering notice, directed the police to proceed with the investigation, but prevented police from arresting the petitioners in connection with this crime. Now by continuing the said order, I feel that the petition can be disposed of.
5. Therefore, Criminal Petition is disposed of directing the police to proceed with the investigation, but not to arrest the petitioners till completion of investigation and filing of final report.
6. As a sequel, miscellaneous petitions, if any, pending in this Criminal Petition, shall stand disposed of.
JUSTICE S. RAVI KUMAR
Date:03.07.2014 mrb