Bellam Vijay Kumar Reddy v. The State Of Telangana.,Rep.,Pp

THE HON'BLE SRI JUSTICE T.SUNIL CHOWDARY CRIMINAL PETITION No.13393 of 2015 ORDER:

This petition is filed under Section 482 Cr.P.C. to quash the proceedings against the petitioner/accused No.1 in Crime No.656 of 2015 of Medipally Police Station, Ranga Reddy District, registered for the offence punishable under Sections 406 and 420 IPC.

Heard the learned counsel for the petitioner and the learned Public Prosecutor representing the State.

A perusal of the record reveals that the petitioner is accused No.1 and the second respondent is the de facto complainant in Crime No.656 of 2015. As per the allegations made in the complaint, the petitioner collected an amount of Rs.2,10,000/- from the second respondent and appointed him as an agent to Nizamabad District to process the applications and to enroll the members under PFRDA NPS scheme. The petitioner herein issued a cheque in favour of the second respondent for an amount of Rs.2,10,000/-. The cheque issued by the petitioner was dishonoured for want of sufficient funds.

The gist of the allegations made in the complaint is the petitioner herein cheated the second respondent and others. Whether the petitioner has 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 petitioner, 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 petitioner submitted that the concerned Station House Officer may be directed not to arrest the petitioner till completion of investigation.

Having regard to the facts and circumstances of the case

and also in view of the principle enunciated by the Supreme Court i n ARNESH KUMAR v. STATE OF BIHAR AND ANOTHER[5], the Station House Officer, Medipally Police Station, Cyberabad, is hereby directed to follow the procedure as contemplated under Section 41-A Cr.P.C. in Crime No.656 of 2015, so far as the petitioner/Accused No.1 is concerned.

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:16.12.2015 Rns [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