R.Nanda Kishore, v. The State Of Telangana,

THE HON'BLE SRI JUSTICE T.SUNIL CHOWDARY CRIMINAL PETITION No.2483 of 2015 ORDER:

This petition is filed under Section 482 Cr.P.C. to quash the proceedings against the petitioner/A.6 in Crime No.59 of 2014 of Central Crime Station, Hyderabad registered for the offences under Sections 420, 406, 416, 419, 468 and 471 read with 120-B I.P.C.

2. Heard the learned counsel for the petitioner and the learned Public Prosecutor.

3. A perusal of the record reveals that the petitioner is accused No.6 and respondent Nos.2 to 4 are the de facto complainants in Crime No.59 of 2014.

4. As per the allegations made in the complaint, the petitioner along with other accused submitted forged plans before the Greater Hyderabad Municipal Corporation and obtained permission for construction of apartments by M/s. Sai Krishna Constructions.

5. Learned counsel for the petitioner submitted that the petitioner is not a partner of M/s.Sai Krishna Constructions.

6. While deciding the petition 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. 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 principles enunciated by the Supreme Court in R.P.Kapoor v. State of Punjab and State of Haryana v. Bhajanlal, I am of the considered view that it is not a fit case to quash the proceedings at the initial stage of the investigation.

8. The learned counsel for the petitioner submitted that the concerned Station House Officer may be directed not to arrest the petitioner till completion of the investigation.

9. In view of the principle enunciated by the Supreme Court in Arnesh Kumar v. State of Bihar, the Station House Officer, Central Crime Station, Hyderabad is hereby directed to follow the procedure as contemplated under Section 41A Cr.P.C in Crime No.59 of 2014 so far as the petitioner/A.6 is concerned.

10. With the above direction, the Criminal Petition is dismissed.

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

________________________ T.SUNIL CHOWDARY, J Date: 02.04.2015 Ivd