V.Yacob, v. The State Of Telangana

THE HON'BLE SRI JUSTICE T.SUNIL CHOWDARY CRIMINAL PETITION No.3741 of 2016 ORDER:

This petition is filed under Section 482 Cr.P.C., to quash the proceedings against the petitioners-A1 to A3 in Crime No.747 of 2015 on the file of the Station House Officer, Uppal Police Station, Cyderabad, registered for the offences punishable under Sections 420,406 and 506 IPC.

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

3. A perusal of the record reveals that the petitioners are A1 to A3 and the second respondent is the de facto complainant in Crime No.747 of 2015. As per the allegations made in the complaint, the petitioners herein being the authorized persons of the Church misappropriated the Church funds. It is further alleged that the petitioners agreed to transfer an amount of Rs.22,93,421/- in the name of the Church. It is further alleged that the petitioners intentionally and wilfully did not entrust the money and the account books in order to cover up the laches on their part. 4.

The contention of the learned counsel for the petitioners is that the petitioners filed O.S.No.631 of 2015 on the file of the XV District Judge, R.R. District, against the 2nd respondent herein and others seeking perpetual injunction. If this court expresses any opinion touching the merits of the main case, the same may cause prejudice to one of the parties to the proceedings in view of pendency of civil suits, writ petitions and writ appeals. Whether the petitioners have committed the alleged offences or not will come to light during the course of investigation.

5. It is a settled principle of law that the Court has to take into consideration the allegations made in the complaint while exercising the inherent power under Section 482 Cr.P.C., in order to quash the proceedings. The allegations made in the complaint are prima facie sufficient to investigate into the matter.

6. Having regard to the facts and circumstances of the

case and also the principle enunciated in R.P.Kapoor v. State of [1] [2] Punjab , State of Haryana v. Bhajan Lal , V.Y.Jose V State of 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.

[3] Gurajat

7. The learned counsel for the petitioners submitted that the concerned Station House Officer may be directed not to arrest the petitioners. Having regard to the facts and circumstances of the case, the Station House Officer, Uppal Police Station, Cyderabad, is hereby directed not to arrest the petitioners-A1 to A3 till completion of investigation in Crime No.747 of 2015. 8.

With the above direction, criminal petition is dismissed.

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

_________________________ T.SUNIL CHOWDARY, J DATED: 18.03.2016.

Hsd [1] AIR 1960 SC 866 [2] AIR 1992 SC 604 [3] (2009) 3 SCC 78 [4] 2015 (1) ACR 564 (SC)