Vadde Rajashekar v. The State Of Telangana

HONOURABLE JUSTICE G. SRI DEVI CRIMINAL PETITION NO.98 OF 2020 ORDER:

This Criminal Petition is filed under Section 482 of the Code of Criminal Procedure seeking quashing of FIR in Crime No.80 of 2019 of P.S. Madanapur, against the petitioners/A-1 to A-6, registered for the offences punishable under Sections 447, 324 and 326 read with Section 34 of the Indian Penal Code and Section 3(1)(r)(s) of the SCs/STs (POA) Act, 2015.

Heard the learned counsel for the petitioners/A-1 to A-6 and the learned Additional Public Prosecutor appearing for the respondent-State.

Learned counsel for the petitioners/A-1 to A-6 submitted that without verifying the facts and circumstances and allegations against the petitioners/A-1 to A-6, in a routine manner, the petitioners' names are included in the above said offence and hence, the crime, which has been registered against the petitioners, is liable to be quashed. It is further contended that the complainant filed the present complaint with false and frivolous allegations and the present FIR is liable to be quashed. Learned Additional Public Prosecutor opposed the prayer for quashing of the FIR and submits that the contents of the FIR clearly disclose cognizable offence and the FIR lodged in this case cannot be quashed.

After considering the various decisions including the decision of State of Haryana v. Bhajan Lal Case1, I am of the view that there can be no interference with the investigation unless cognizable offence is not ex-facie discernable from the allegations contained in the FIR or there is any statutory restriction operating on the power of the police to investigate a case. From a perusal of the FIR, prima facie, it cannot be said that no cognizable offence is made out. Hence, no ground exists for quashing of the FIR. Accordingly, the Criminal Petition is dismissed. Miscellaneous applications, if any, pending shall stand closed.

_________________ (G. SRI DEVI, J) 7th January 2020 RRB 1 1992 SCC (Crl.) 426