Mohd. Qureshi v. The State Of Telangana
THE HON'BLE SRI JUSTICE T.SUNIL CHOWDARY CRIMINAL PETITION No.13310 of 2015 ORDER:
This petition is filed under Section 482 Cr.P.C. to quash the proceedings against the petitioners/accused Nos.1 to 3 in Crime No.510 of 2015 of Rajendranagar Police Station, Cyberabad, registered for the offence punishable under Sections 342, 323 and 504 IPC.
Heard the learned senior counsel Sri Sathyam Reddy, for the petitioners and the learned Public Prosecutor, representing the State.
The contention of the learned counsel for the petitioners is that the second respondent foisted a false case against the petitioners with an ulterior motive. Learned Public Prosecutor submitted that this is not the stage to go into the merits of the case.
A perusal of the record reveals basing on the complaint lodged by the daughter of the second petitioner, the Station House Officer, Rajendranagar Police Station, Cyberabad, registered a case in Crime No.511 of 2015 against the son of the second respondent under Sections 354 and 506 IPC.
As per the allegations made in the complaint, the petitioners herein on 25.04.2015 beat the second respondent and threatened him with dire consequences.
Both the alleged incidents occurred on 25.04.2015. Whether the petitioners have committed the alleged offence or not will come to light during the course of investigation. It is needless to say that the court has to take into
consideration the allegations made in the complaint while exercising inherent jurisdiction under Section 482 Cr.P.C., in order to quash the criminal proceedings at the initial stage of investigation. The court is not justified in embarking upon an enquiry to ascertain the truthfulness, genuineness or otherwise of the allegations made in the complaint. It is a settled principle of law that the inherent power should not be exercised to stifle a legitimate investigation. If the allegations made in the complaint do not constitute the offence much less the offence alleged to have been committed by the petitioners, then this court can quash the proceedings in order to prevent abuse of process of court thereby to secure the ends of justice.
I have carefully perused the material available on record in order to ascertain whether the allegations made in the complaint are patently absurd and inherently improbable thereby to quash the proceedings. The material available on record is prima facie sufficient to investigate into the matter in order to ascertain the truthfulness or otherwise of the allegations made in the complaint. Having regard to the facts and circumstances of the case and also the principle 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.
The learned counsel for the petitioners submitted that the concerned Station House Officer may be directed not to arrest the petitioners till completion of investigation.
Having regard to the facts and circumstances of the case and also the nature of the allegations made in the complaint against the petitioners, the Station House Officer, Rajendranagar Police Station, Cyberabad, is hereby directed not to arrest the petitioners, who are accused Nos.1 to 3 in Crime No.510 of 2015 till completion of investigation.
With the above direction, the Criminal Petition is dismissed. Consequently, Miscellaneous Petitions, if any, pending in this Criminal Petition shall stand closed.
_____________________ T.SUNIL CHOWDARY, J Date:15.12.2015 Rns [1] AIR 1960 SC 866 [2] AIR 1992 SC 604 [3] (2009) 3 SCC 78 [4] 2015 (1) ACR 564 (SC)