Padige Shanker And 2 Others v. State Of Telangana And Another

HONOURABLE JUSTI CE G. SRI DEVI CRI MI NAL PETI TI ON No.7807 of 2019 ORDER:

This Criminal Petition is filed under Section 482 Cr.P.C. seeking to quash Crime No.106 of 2019 on the file of the Shivampet Police Station, Medak District, registered for the offences punishable under Sections 415, 420, 467 and 471 read with Section 34 IPC. 2.

Learned counsel for the petitioners/accused Nos.1 to 3 submits that all the allegations levelled against the petitioners in the complaint are totally false, incorrect and are invented only for the purpose of this case and to harass the petitioners. He further submits that the allegations levelled against the petitioners do not attract the offences punishable under Sections 415, 420, 467 and 471 read with Section 34 IPC and all the allegations are purely civil in nature and therefore, the aforesaid proceedings against the petitioners are liable to be quashed.

3.

Learned Additional Public Prosecutor opposed for quashing of the aforesaid F.I.R and submits that the contents of the complaint clearly disclose cognizable offences against the petitioners. 4.

Considering the various decisions including the decision of the Hon'ble Apex Court in State of Haryana Vs. Bhajan Lal1, I am of the considered view that there can be no interference with the investigation unless cognizable offence is not ex-facie discernable from the allegations contained in the F.I.R. or there is any statutory restriction operating on the power of the police to investigate a 1 1992 SCC (Crl) 426

case. From a perusal of the F.I.R., prima facie, it cannot be said that no cognizable offence is made out.

5.

In view of the aforesaid facts and circumstances of the case, no indulgence can be shown to the petitioners who have come up with this Criminal Petition. Hence, no ground exists for quashing of the aforesaid F.I.R. or stay of arrest of the petitioners. 7.

Accordingly, the Criminal Petition is dismissed. 8.

As a sequel thereto, miscellaneous petitions, if any, pending shall stand closed.

_________________ JUSTI CE G. SRI DEVI 04th December, 2019 dr