High Court for State of TelanganaCRLP/12834/2015dismissed

N. Sreenivasa Charyulu v. Bairam Arjun

2015-12-04T.Sunil Chowdary2 pages

THE HON'BLE SRI JUSTICE T.SUNIL CHOWDARY CRIMINAL PETITION No.12834 of 2015 ORDER:

This petition is filed under Section 482 Cr.P.C. seeking to quash the proceedings against the petitioner/A1 in Crime No.214 of 2014 of Santoshnagar Police Station, Hyderabad registered for the offences punishable under Sections 352 and 506 IPC.

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

3. A perusal of the record reveals that the petitioner is A1 and the first respondent is the de facto complainant in Crime No.214 of 2014. As per the allegations made in the complaint, the petitioner herein made some allegations against the first respondent in the press conference held on 05.7.2014 in the premises of Sri Venkateswara Swamy Temple, Santoshnagar. It is further alleged that in that press conference, the petitioner threatened the first respondent with dire consequences.

4. 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.

5. Having regard to the facts and circumstances of the case and also the principle enunciated in R.P.Kapoor v. State of Punjab, State of Haryana v. Bhajan Lal, V.Y.Jose V State of Gurajat and Teeja Devi v. State of Rajasthan, I am of the considered view that this is not a fit case to quash the criminal proceedings at the threshold.

6. The learned counsel for the petitioner submitted that while disposing of Crl.P.No.12542 of 2015 filed by A2 in the same crime, this court directed the Station House Officer, Santoshnagar Police Station not to arrest A2 till completion of investigation and the same relief may be granted in respect of the petitioner herein/A1 also. Having regard to the facts and circumstances of the case and also in view of the order dated 27.11.2015 in Crl.P.No.12542 of 2015, the Station House Officer, Santoshnagar Police Station is hereby directed not to arrest the petitioner

herein/A1 till completion of the investigation.

7. With the above direction, Criminal Petition is dismissed. Miscellaneous Petitions, if any, pending in this Criminal Petition shall stand closed. _________________________ T.SUNIL CHOWDARY, J December 04, 2015.