Garipally Mahesh v. The State Of Telnagana

THE HON'BLE SRI JUSTICE A. SHANKAR NARAYANA CRIMINAL PETITION No.408 OF 2017 ORDER:

The present petition is filed requesting this Court to quash the FIR in Crime No.399 of 2016 of I Town Police Station, Siddipet by exercising the extraordinary power under Section 482 of the Code of Criminal Procedure.

Heard Sri G.L.Nageswar Rao, learned counsel for the petitioner, and the learned Additional Public Prosecutor for the State of Telangana appearing for the 1st respondent. Perused the grounds raised in the present petition as well as the contents in the complaint and the FIR.

The submission of learned counsel for the petitioner is that the petitioner herein, in fact, borrowed some amounts from various persons and laid I.P.No.61 of 2015 on the file of Additional Chief Judge, City Small Causes Court at Hyderabad, and subsequent thereto, the present complaint was lodged against him and, thus, pleads false implication of the petitioner in the present crime. A perusal of the complaint would prima facie show the complicity of the petitioner. The allegation against the petitioner is, that he along with two others, whose names are mentioned in the complaint, started a private chit scheme, in which some of the Government employees have also become the subscribers, and later,

the petitioner has taken away the records and fled away along with his family and also switched off his phone and also the phone of his wife and, thereby, the subscribers are being deprived of not only their amounts, but also the records.

Viewed from the contents in the complaint, it cannot be said that there is no prima facie material against the petitioner to quash the complaint by invoking the extraordinary power under Section 482 of Cr.P.C.

Hence, the Criminal Petition is dismissed at the stage of admission itself.

Miscellaneous Petitions, if any, pending in this petition, shall stand closed.

___________________________ A. SHANKAR NARAYANA, J January 23, 2017.

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