K. Kalappa v. The State Of Telangana,

THE HON'BLE SRI JUSTI CE A.SHANKAR NARAYANA CRI MI NAL PETI TI ON No.582 OF 2017 ORDER:

The present petition is filed to quash the First Information Report in Crime No.2 of 2017 of Mominpet Police Station of Vikarabad District.

2.

The petitioner alleged to have committed the offences punishable under Sections 354 and 506 IPC.

3.

Heard Sri M.Ganga Rao, learned counsel for the petitioner and the learned Additional Public Prosecutor for the State of Telangana. 4.

Learned counsel for the petitioner would submit that there has been a strong false motive for the 2nd respondent to falsely implicate the petitioner by levelling the aforesaid complaint as there has been a civil dispute between the parties and the complainant is no other than the wife of the younger brother of the petitioner. He further submits that even the contents in complaint, ex facie showing that on 04.01.2017 at 5:00A.M., during early hours the complainant going to the house under construction to wet it with water, totally improbablises the taking place of the alleged offences and, therefore, pleads to quash the proceedings.

5.

Perused the contents of the complaint. There are specific overt acts attributed to the petitioner prima facie showing his complicity in the commission of offences punishable under Sections

ASN,J CrlP_582_2017 354 and 506 IPC alleged against him. Therefore, it is not a case to quash the First Information Report. It is open to the petitioner to place the material, if any, before the Investigating Officer. 6.

The Criminal Petition, accordingly, is dismissed at the stage of admission.

Consequently, Miscellaneous Petitions, if any, pending in this petition shall stand closed.

__________________________ JUSTI CE A.SHANKAR NARAYANA Date:27.01.2017 INL