M.A.Amjad , Mohd Amjad v. K.Shashikanth

THE HON'BLE SRI JUSTICE T.SUNIL CHOWDARY CRIMINAL PETITION No.2625 of 2016 ORDER:

This Criminal Petition is filed under Section 482 Cr.P.C. to quash the proceedings against the petitioners/A-1 to A-5 in Crime No.201 of 2015 on the file of Kulsumpura Police Station, Hyderabad registered for the offences under Sections 447 and 506 read with 34 I.P.C. and Sections 3 and 5 of the Prevention of Damage to Public Property Act, 1984.

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

3. A perusal of the record reveals that the petitioners are A-1 to A-5 and the first respondent is the de facto complainant in Crime No.201 of 2015. As per the allegations made in the complaint, on 23.11.2015, at about 3.30 p.m., the petitioners herein dumped granite stones in the land belonging to the Police Department. It is further alleged that the petitioners herein are planning to construct a wall in the Government land.

4. The learned counsel for the petitioners submitted that the land in question belongs to the petitioners.

5. 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 petitioners have committed the alleged offences or not will come to light during the course of investigation only.

6. 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.

7. Having regard to the facts and circumstances of the case and also the principles enunciated 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 criminal proceedings at the threshold.

8. 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, Kulsumpura Police Station, Hyderabad is hereby directed not to arrest the petitioners/A-1 to A-5 till completion of investigation in Crime No.201 of 2015.

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

__________________________________ JUSTICE T.SUNIL CHOWDARY Date:01.3.2016 AMD THE HON'BLE SRI JUSTICE T.SUNIL CHOWDARY

CRIMINAL PETITION No.2625 of 2016 DATE: 01.3.2016 AMD [1] A.I.R. 1960 S.C. 866 [2] A.I.R. 1992 S.C. 604 [3] (2009) 3 S.C.C. 78 [4] 2015 (1) A.C.R. 564 (SC)