Turpati Srinu v. The Station House Officer

THE HON'BLE JUSTICE G.SRI DEVI CRIMINAL PETITION No.309 of 2020 ORDER:

This Criminal Petition under Section 482 Cr.P.C. is filed by the petitioner-accused to quash the proceedings in connection with crime No.594 of 2019 on the file of the SHO, Chandanagar Police Station, Cyberabad District, registered for the offence punishable under Section 409 and to stay all further proceedings in the said crime.

2. Heard the learned counsel for the petitioner and learned Additional Public Prosecutor representing the State.

3. It is contended by the learned counsel for the petitioner that the petitioner has not committed the offence as alleged in the complaint. He further submits that the 2nd respondent/complainant filed the present complaint with false and frivolous allegations and the present F.I.R. is liable to be quashed.

4. Learned Additional Public Prosecutor opposed the prayer for quashing of the FI.R. and submits that the contents of the F.I.R. clearly disclose cognizable offence and that the F.I.R., in the present case, lodged by the 2nd respondent/complainant cannot be quashed.

5. After considering the various decisions including the decision of STATE OF HARYANA V BHAJAN LAL 1, I am of the view that there can be no interference with the investigation or order staying arrest of the petitioner unless cognizable offence is not ex-facie discernable from the allegations contained in the F.I.R. or there is any statutory restriction operating on the power of the police to investigate a case. From a perusal of the F.I.R., prima facie, it cannot be said that no cognizable offence is made out. Hence, no ground exists for quashing of the F.I.R. or staying arrest of the petitioner.

However, the Station House Officer, Chandanagar Police Station, Cyberabad District, is directed to proceed with the investigation and till submission of final report, no coercive steps shall be taken against the petitioner-accused in the above crime. Further, if any incriminating material/evidence is found against the petitioner-accused during the course of investigation, steps may be taken against him in accordance with law.

6. With the above direction, this Criminal Petition is disposed of. As a sequel, miscellaneous petitions, if any pending, shall stand closed.

______________________ JUSTICE G.SRI DEVI DATED: 10.01.2020 Hsd 1 1992 SCC (CRL.) 426