Smt.S. Vimala Reddy v. The State Of Telangana, And Another

THE HON'BLE JUSTICE G.SRI DEVI CRIMINAL PETITION No.4382 of 2019 ORDER:

This Criminal Petition is filed by the petitioneraccused to quash the proceedings in connection with crime No.118 of 2019 on the file of the SHO, Manchal Police Station, Rachakonda District, registered for the offence punishable under Section 353 IPC and to stay all further proceedings in the said crime.

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

3. It is contended by the learned counsel for the petitioner that the petitioner has not committed the offence as alleged in the complaint. The petitioner is an Advocate by profession.

He further submits that the 2nd respondent/complainant filed the present complaint with false and frivolous allegations and the present F.I.R. is liable to be quashed.

4. Learned Additional Public Prosecutor opposed the prayer for quashing of the FI.R. and submits that the contents of the F.I.R. and the statements recorded by the Investigating Officer clearly disclose cognizable offence and

that the F.I.R., in the present case, lodged by the 2nd respondent/complainant cannot be quashed.

5. After considering the various decisions including the decision of STATE OF HARYANA V BHAJAN LAL 1, I am of the view that there can be no interference with the investigation or order staying arrest of the petitioner unless cognizable offence is not ex-facie discernable from the allegations contained in the F.I.R. or there is any statutory restriction operating on the power of the police to investigate a case. On a perusal of the F.I.R., prima facie, it cannot be said that no cognizable offence is made out. Hence, no ground exists for quashing of the F.I.R. However, the Station House Officer, Manchal Police Staton, Rachakonda District, is directed to proceed with the investigation and till submission of final report, no coercive steps shall be taken against the petitioner-accused in the above crime.

6. Accordingly, this Criminal Petition is disposed of. Pending miscellaneous petitions, if any, shall stand closed. ______________________ JUSTICE G.SRI DEVI DATED: 09.12.2019 Hsd 1 1992 SCC (CRL.) 426