Elimela Sathaiah v. The State Of Telangana.,Rep.,Pp

THE HON'BLE SRI JUSTICE T.SUNIL CHOWDARY CRIMINAL PETITION No.1397 of 2016 ORDER:

This petition is filed under Section 482 Cr.P.C. to quash the proceedings against the petitioners/A1 and A2 in Crime No.17 of 2016 on the file of Station House Officer, Jagtial Town Police Station, Karimnagar District registered for the offences under Sections 448, 420 and 506 IPC.

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

3. The petitioners are A1 and A2 and second respondent is de facto complainant in Crime No.17 of 2016. As per the allegations made in the complaint, on 31.7.2014 the second respondent borrowed an amount of Rs.17,00,000/- from Vishnu Priya Finance wherein petitioner Nos.1 and 2 are Managing Director and Director respectively and agreed to repay the same. It is further alleged that on the same day i.e., 31.7.2014, the petitioners have obtained sale deed from the second respondent in respect of house bearing No.4-1-141 situated at Vani Nagar, Jagtial, by playing fraud and misrepresentation. It is also alleged that on 01.2.2016, the petitioners trespassed into the house of the second respondent and threatened him with dire consequences. If this court expresses any opinion with regard to the nature of the document dated 31.7.2014, the same may cause prejudice to one of the parties to the proceedings. Whether the second respondent has executed sale deed dated 31.7.2014 in favour of the petitioners or not will come to light during the course of investigation only.

4. It is a settled principle of law that the Court has to take into consideration the allegations made in the complaint while exercising the inherent power under Section 482 Cr.P.C., in order to quash the proceedings. The allegations made in the complaint are prima facie

sufficient to investigate into the matter.

5. Having regard to the facts and circumstances of the case and [1] also the principle enunciated in R.P.Kapoor v. State of Punjab , State [2] [3] of Haryana v. Bhajan Lal , V.Y.Jose V State of Gurajat and Teeja [4], I am of the considered view that this is not Devi v. State of Rajasthan a fit case to quash the criminal proceedings at the threshold.

6. The learned counsel for the petitioners submitted that the concerned Station House Officer may be directed not to arrest the petitioners. Having regard to the facts and circumstances of the case, the Station House Officer, Jagtial Town Police Station, Karimnagar District is hereby directed not to arrest the petitioners/A1 and A2 till completion of investigation in Crime No.17 of 2016.

7. With the above direction, criminal petition is dismissed. Miscellaneous Petitions, if any, pending in this Criminal Petition shall stand closed.

_________________________ T.SUNIL CHOWDARY, J February 08, 2016.

YS [1] AIR 1960 SC 866 [2] AIR 1992 SC 604 [3] (2009) 3 SCC 78 [4] 2015 (1) ACR 564 (SC)