Vayala Srinivas v. Nadumula Venkateshwarlu
THE HON'BLE JUSTICE G.SRI DEVI CRIMINAL PETITION No.509 of 2020 ORDER:
This Criminal Petition under Section 482 Cr.P.C. is filed by the petitioner-A1 to quash the proceedings in connection with crime No.416 of 2019 on the file of the SHO, Panjagutta Police Station, Hyderabad, registered for the offences punishable under Sections 406 and 420 IPC 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 any of the offences as alleged in the complaint. He further submits that the 1st 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 1st 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. Further, the application filed by the petitioner-A1 for grant of anticipatory bail was dismissed on merits by the III Metropolitan Sessions Judge, Hyderabad, vide order, dated 12.11.2019 in Crl.M.P.No.3856 of 2019. Hence, no ground exists for quashing of the F.I.R. or staying arrest of the petitioners.
6. Accordingly, this Criminal Petition is dismissed. As a sequel, miscellaneous petitions, if any pending, shall stand closed.
______________________ JUSTICE G.SRI DEVI DATED: 24.01.2020 Hsd 1 1992 SCC (CRL.) 426