Abbasali Sathish Kumar v. The State Of Telangana

THE HON'BLE SRI JUSTICE T.SUNIL CHOWDARY CRIMINAL PETITION No.3940 of 2017 ORDER:

This petition is filed under Section 482 Cr.P.C. to quash the proceedings in Crime No.287 of 2017 on the file of the Station House Officer, Ramachandrapuram Police Station, Cyberabad, Hyderabad, registered for the offences punishable under Sections 420 and 506 IPC.

2.

Heard the learned counsel for the petitioners and the learned Assistant Public Prosecutor for the State of Telangana. 3.

A perusal of the record reveals that the petitioners are accused Nos.1 and 2 and the second respondent is the de facto complainant in Crime No.287 of 2017.

4.

As per the allegations made in the complaint, the petitioners herein left the baby in the hospital without intimation. It is the further case of the second respondent that the petitioners herein did not pay the medical bills and threatened her with dire consequences. A perusal of the record reveals that the petitioners herein lodged a complaint to the Station House Officer, Ramachandrapuram, against the hospital authorities, who in turn registered a case in Crime No.269 of 2017 for the offence punishable under Section 304-A IPC.

5.

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. Whether the petitioners have committed the alleged offence or not will come to light during the course 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. 7.

Having regard to the facts and circumstances of the case and also the principle enunciated in R.P.Kapoor v. State of Punjab1, State of Haryana v. Bhajan Lal2, V.Y.Jose v. State of Gurajat 3 and Teeja Devi v. State of Rajasthan4, I am of the considered view that it is not a fit case to quash the criminal proceedings at the threshold.

8.

Taking into consideration the facts and circumstances of the case and also the principle enunciated by the Supreme Court in Arnesh Kumar v. State of Bihar5, the Station House Officer, Ramachandrapuram Police Station, Cyberabad, is hereby directed to follow the procedure as contemplated under Section 41-A Cr.P.C. in Crime No.287 of 2017 so far as the petitioners/ accused Nos.1 and 2 are concerned.

1 AIR 1960 SC 866 2 AIR 1992 SC 604 3 (2009) 3 SCC 78 4 2015 (1) ACR 564 (SC) 5 2014 (8) SCALE 250

9.

With the above direction, the Criminal Petition is disposed of.

10.

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

______________________ T.SUNIL CHOWDARY, J Date: 06.06.2017 Rns