Thalluri Venkateswara Rao (A2), v. The State Of Andhra Pradesh

THE HON'BLE SRI JUSTICE T.SUNIL CHOWDARY CRIMINAL PETITION No.3969 OF 2017 ORDER:

This petition is filed under Section 482 Cr.P.C. to quash the proceedings against the petitioners/A2 and A3 in Crime No.117 of 2017 on the file of the Station House Officer, Nagarampalem Police Station, Guntur Urban, Guntur District, Andhra Pradesh, registered for the offences punishable under Sections 420, 506 and 509 r/w 34 IPC 2.

Heard the learned counsel for the petitioners and the learned Assistant Public Prosecutor for the State of Andhra Pradesh.

3.

A perusal of the record reveals that the petitioners are A2 and A3 and the 2nd respondent is the de facto complainant in Cr.No.117 of 2017. As per the allegations made in the complaint, the 1st petitioner and A1 have obtained a registered sale deed on 05-02-2014 from the husband of the 2nd respondent alleging that as if it is a mortgage deed. The 2nd petitioner/A3 is one of the attestors to the sale deed, dated 05-02-2014. The gist of the allegations made in the complaint is that the petitioners herein along with A1 cheated the 2nd respondent and threatened her with dire consequences.

4.

Learned counsel for the petitioners submitted that the lis between the parties is purely of civil in nature without any element of criminality. He further submitted that the 2nd respondent foisted a false case against the petitioners for the reasons best known to her.

5.

While exercising the inherent power 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. Whether the dispute involved between the parties is civil in nature or not will come to light during the course 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.

6.

Having regard to the facts and circumstances of the case and also the principle enunciated in R.P.Kapoor v. State of Punjab1, State of Haryana v. Bhajan Lal2, V.Y.Jose v. State of Gurajat3 and Teeja Devi v. State of Rajasthan4, I am of the considered view that it is not a fit case to quash the criminal proceedings at the threshold.

7.

Taking into consideration the facts and circumstances of the case and also the principle enunciated by the Supreme Court in Arnesh Kumar v. State of Bihar 5, the Station House Officer, Nagarampalem Police Station, Guntur Urban, Guntur District, is hereby directed to follow the procedure as contemplated under Section 41A Cr.P.C. in Crime No.117 of 2017 so far as the petitioners/A2 and A3 are concerned.

8.

With the above direction, the Criminal Petition is disposed of. Miscellaneous petitions, if any pending in this petition shall stand closed.

_________________________ T.SUNIL CHOWDARY, J DATED: 06-06-2017 Hsd 1 AIR 1960 SC 866 2 AIR 1992 SC 604 3 (2009) 3 SCC 78 4 2015 (1) ACR 564 (SC) 5 2014 (8) SCALE 250