THE HONOURABLE SRI JUSTICE T.SUNIL CHOWDARY CRIMINAL PETITION No.8246 OF 2011 Dated 11th September, 2014 Between : R.Koteswar & another a n d The State of A.P. & another … Petitioners-A.1 and A.2 … Respondents THE HONOURABLE SRI JUSTICE T.SUNIL CHOWDARY CRIMINAL PETITION No.8246 OF 2011 ORDER:
This petition is filed under Section 482 Cr.P.C. to quash the proceedings against the petitioners/A.1 and A.2 in crime No.301 of 2011 of Bowenpally Police Station, Secunderabad, registered for the offences punishable under sections 379, 427, 447, 506 and 109 read with 120B and 34 of Indian Penal Code.
The learned counsel for the petitioners submitted that the allegations made in the complaint do not constitute the alleged offence. He further submitted that the second respondent foisted a false case against the petitioners in view of the civil disputes between them.
The learned Public Prosecutor submitted that this is not a stage to quash the proceedings.
This Court can quash the proceedings by exercising inherent power 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 in the complaint, (2) if the registration of crime and continuation of the investigation would amount to abuse of the process of the Court, (3) even if the allegations made in the complaint ex facie taken to be true and correct, there is no possibility to convict the petitioner, (4) if the registration of the case and entrustment of the investigation to the police is prohibited by any law for the time being in force or (5) to secure the ends of the justice.
The second respondent herein is the de facto complaint and the petitioners are accused Nos.1 and 2. As per the allegations made in the complaint, petitioners herein entered into the premises of the second respondent with an intention to commit theft. It is further alleged that the petitioners herein threatened the second respondent with dire consequences and removed the shuntering work. While deciding the petition under Section 482 Cr.P.C. the Court has to take into consideration the allegations made in the complaint only.
The very purpose of the investigation is to ascertain the truthfulness or otherwise of the allegations made in the complaint. The material placed before the Court prima facie is sufficient to investigate into the matter in order to ascertain the truthfulness or otherwise of the allegations made in the complaint.
Having regard to the facts and circumstances of the case and also the principles enunciated by the Supreme Court in R.P.Kapoor v.
[1] [2] State of Punjab and State of Haryana v. Bhajanlal , I am of the considered view that it is not a fit case to quash the proceedings at this point of time.
The learned counsel for the petitioners submitted that the Station House Officer, Bowenpally Police Station, may be directed not to arrest the petitioners during the course of investigation.
A perusal of the record reveals that this Court granted interim stay on 12.09.2011 and the same has been in force till today.
In view of the earlier orders passed by this Court and also the nature of dispute involved between the parties, the Station House Officer, Bowenpally Police Station, is directed not to arrest the petitioners/ A.1 and A.2 in Crime No.301 of 2011 till completion of the investigation or filing of the report.
With the above direction, the Criminal Petition is dismissed.
Consequently miscellaneous petitions, if any, pending in this petition shall stand closed.
T.Sunil Chowdary, J
11th September, 2014. sur
[1] AIR 1960 SC 866
[2] AIR 1992 SC 604