Arasada Srinivasa Naidu v. The State Of A.P.,Rep.,Pp

THE HON'BLE SRI JUSTICE T.SUNIL CHOWDARY CRIMINAL PETITION No.666 of 2016 ORDER:

This petition is filed under Section 482 Cr.P.C., to quash the proceedings against the petitioner/A23 in Crime No.7 of 2015 on the file of Station House Officer, Crime Investigation Department, Andhra Pradesh, Hyderabad registered for the offences punishable under Sections 406, 409, 468, 471 and 120B IPC.

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

3. The petitioner is A23 and second respondent is de facto complainant in Crime No.7 of 2015. As per the allegations made in the complaint, the petitioner being the Manager of District Credit Cooperative Society Bank, Parvathipuram Branch, Vizianagaram District sanctioned fictitious loans in violation of the provisions of Andhra Pradesh Cooperative Societies Act, 1964. It is further alleged that the petitioner herein along with other accused misappropriated the Society's funds with an ulterior motive to cheat the Society. Whether the petitioner has committed the alleged offences 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 petitioner submitted that the concerned Station House Officer may be directed not to arrest the petitioner. This court, vide order dated 01.10.2015 in W.P. No.19823 of 2015, granted interim stay of arrest of A1. Having regard to the facts and circumstances of the case and also the order in W.P. No.19823 of 2015, the Station House Officer, C.I.D., A.P., Hyderabad is hereby directed not to arrest the petitioner/A23 till completion of investigation in Crime No.7 of 2015. The petitioner/A23 is directed to cooperate with C.I.D., for smooth conducting of investigation.

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

_________________________ T.SUNIL CHOWDARY, J January 25, 2016.

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