Kannaiah Singh v. The State Of Telangana,

HONOURABLE SRI JUSTICE M.SATYANARAYANA MURTHY CRIMINAL PETITION No.16110 OF 2016 ORDER:

This Criminal Petition is filed under Section 482 of Cr.P.C. to quash the proceedings in Crime No.228 of 2016 of Gachibowli Police Station, Cyberabad, registered for the offences punishable under Sections 419, 420, 468, 471, 120B read with 34 of I.P.C. The main allegation made in the complaint is that the petitioner along with nine others created a fake document conspiring together though there is no allegation in the F.I.R. against the petitioner. However during investigation, involvement of the petitioner is also detected and they shared Rs.6,00,000/- with other accused as they spent amount towards expenses in the said incident and therefore, they shared their intention to commit the offences which fall within the amount of Section 120B of I.P.C.

and thereby the petitioner is also liable for the offences under Sections 419, 420, 468, 471 and 120B read with 34 of I.P.C. As there is a specific allegation in the F.I.R., it is difficult to accept the contention that this petitioner was nothing to do with the crime and the material collected during investigation also prima facie would show the involvement of the petitioner in the said crime. Therefore, the contention that the petitioner is a coolie cannot be accepted at this stage. However, the petitioner is permitted to renew his request at appropriate stage after completion of investigation.

Hence, I find no merit to quash the proceedings in Crime No.234 of 2015 of Gachibowli Police Station at this stage. With the above observation, this Criminal Petition is dismissed. As a sequel to the disposal of this petition, the Miscellaneous Petitions, if any, pending, shall stand dismissed. ________________________________ JUSTICE M.SATYANARAYANA MURTHY Dated 21-11-2016.

Dvs.

HONOURABLE SRI JUSTICE M.SATYANARAYANA MURTHY CRIMINAL PETITION No.16110 OF 2016 Dated 21-11-2016.

Dvs