Penchala Mallesham v. The State Of Telangana
THE HON'BLE SRI JUSTICE T.SUNIL CHOWDARY CRIMINAL PETITION No.15031 of 2014 ORDER:
This petition is filed under Section 482 Cr.P.C. to quash the proceedings against the petitioners/accused Nos.1 to 4 in Crime No.177 of 2014 of Gangadhara Police Station, Karimnagar District, registered for the offence punishable under Sections 406, 420 and 506 read with 34 IPC.
Heard Sri C.Hari Preeth, learned counsel for the petitioners, Sri Chetluru Srinivas, learned counsel for the second respondent and the learned Public Prosecutor representing the State. A perusal of the record reveals that the petitioners are accused Nos.1 to 4 and the second respondent is the de facto complainant in Crime No.177 of 2014. As per the allegations made in the complaint, the petitioners herein have obtained the signatures of the second respondent for the purpose of filing of civil suit. It is further submitted that the petitioners herein have obtained the signatures of the second respondent with an ulterior motive to deceive the second respondent. It is further alleged that the petitioners herein have threatened the second respondent with dire consequences.
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 petitioners, 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 allegations made in the complaint 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.
Learned counsel for the petitioners submitted that the concerned Station House Officer may be directed not to arrest the petitioners till completion of the investigation. A perusal of the record reveals that this Court granted interim stay on 11.12.2014 and the same was in force. Having regard to the facts and circumstances of the case and also in view
of the orders passed by this Court on 11.12.2014, the Station House Officer, Gangadhara Police Station, Karimnagar District, is hereby directed not to arrest the petitioners/Accused Nos.1 to 4 in Crime No.177 of 2014 till completion of investigation. 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: 19.11.2015 Rns [1] AIR 1960 SC 866 [2] AIR 1992 SC 604 [3] (2009) 3 SCC 78 [4] 2015 (1) ACR 564 (SC)