Bhosle Vishwanath v. The State Of Telangana.,Rep.,Pp

THE HON'BLE SRI JUSTICE T.SUNIL CHOWDARY CRIMINAL PETITION No.1059 OF 2016 ORDER:

1 This petition is filed under Section 482 Cr.P.C to quash the proceedings against the petitioner in Cr.No.16 of 2016 on the file of Medipally Police Station, Ranga Reddy District registered for the offences punishable under Sections 406 and 420 of IPC 2 Heard the learned counsel for the petitioner and the learned Additional Public Prosecutor representing the State. 3 A perusal of the record reveals that the petitioner is the sole accused and the second respondent is the de-facto complainant in Cr.No.16 of 2016. The petitioner is none other than the father in law of the 2nd respondent. As per the allegations made in the complaint, after the death of the wife of the 2nd respondent, the petitioner, as a nominee, received money from LIC. It is further alleged that the petitioner misappropriated the money which belongs to the wife of the 2nd respondent.

4 The contention of the learned counsel for the petitioner is that the allegations made in the complaint do not constitute any offence, much less the offences alleged to have been committed by the petitioner.

5 Whether the petitioner has committed the alleged offences or not will come to light during the course of investigation only. While disposing of the petition filed under Section 482 Cr.P.C, the Court has to take into consideration the allegations made in the complaint. The Court is not justified in embarking upon an enquiry to ascertain the truthfulness or otherwise of the allegations made in the complaint. The very purpose of investigation is to ascertain

the truthfulness or otherwise of the allegations made in the complaint. The allegations made in the complaint are prima facie sufficient to investigate into the matter.

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

7 The learned counsel for the petitioner submitted that the Station House Officer, Medipally Police Station, Ranga Reddy District, may be directed not to arrest the petitioner pending investigation in the crime.

8 Taking into consideration the nature of allegations made in the complaint and having regard to the facts and circumstances of the case, the Station House Officer, Medipally Police Station, Ranga Reddy District is hereby directed not to arrest the petitioner in Cr.No.16 of 2016 on his file, till completion of investigation. 8 Accordingly, this criminal petition is dismissed. As a sequel, miscellaneous petitions, pending if any in this Criminal Petition, shall stand closed.

____________________ T. SUNIL CHOWDARY, J Date: 1st February, 2016 Kvsn [1] AIR 1960 SC 866 [2] AIR 1992 SC 604

[3] (2009) 3 SCC 78 [4] 2015 (1) ACR 564 (SC)