Botla Vittal v. The State Of Telangana.,Rep.,Pp

THE HON'BLE SRI JUSTICE T.SUNIL CHOWDARY CRIMINAL PETITION No.436 of 2016 ORDER:

This petition is filed under Section 482 Cr.P.C. to quash the proceedings against the petitioner/accused in Crime No.310 of 2015 on the file of the Station House Officer, Yadagirigutta Police Station, Nalgonda District, registered for the offences under Sections 415, 419, 420 and 468 I.P.C.

2. Heard the learned counsel for the petitioner and the learned 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 Crime No.310 of 2015.

4. As per the allegations made in the complaint, the petitioner created an agreement of sale dated 20.02.2013 with an ulterior motive to knock away the property of the second respondent. The gist of the allegations made in the complaint is that the petitioner created the false agreement of sale with an ulterior motive to cheat the second respondent.

5. The contention of the learned counsel for the petitioner is that the second respondent entered into an agreement of sale on 20.02.2013 in favour of the petitioner agreeing to sell the property. The further case of the petitioner is that the petitioner paid an amount of Rs.1,50,000/- towards advance.

6. If this Court expresses any opinion touching the merits of the main case, the same may cause prejudice to one of the parties to the proceedings. Whether the petitioner has committed the alleged offences or not will come to light during the course of investigation only.

7. While exercising the inherent power under Section 482 Cr.P.C., the Court has to take into consideration the allegations made in the complaint only. The Court is not justified in embarking upon an enquiry as to probability, reliability or genuineness of the allegations made in the complaint at the initial stage of investigation. The material placed before the Court is prima facie sufficient to investigate into the matter in order to ascertain the truthfulness or otherwise of the allegations made in the complaint.

8. Having regard to the facts and circumstances of the case and also the principles enunciated by the Supreme Court in R.P.Kapoor v. State of Punjab[1] and State of Haryana v. Bhajanlal[2], I am of the considered view that it is not a fit case to quash the proceedings at the initial stage of the investigation.

9. The learned counsel for the petitioner submitted that the concerned Station House Officer may be directed not to arrest the petitioner till completion of the investigation.

10. Having regard to the nature of the allegations made against the petitioner, this Court is inclined to direct the Station House Officer, Yadagirigutta Police Station, Nalgonda District, not to arrest the petitioner/accused in Crime No.310 of 2015 till completion of the investigation.

11. With the above direction, the Criminal Petition is dismissed.

12. Consequently, Miscellaneous Petitions, if any, pending in this Criminal Petition shall stand closed.

________________________ T.SUNIL CHOWDARY, J Date: 20.01.2016 Ivd [1] AIR 1960 SC 866

[2] AIR 1992 SC 604