Maganti Ramulu v. Konakanchi Suresh

THE HON'BLE SRI JUSTICE T.SUNIL CHOWDARY CRIMINAL PETITION No.599 of 2016 ORDER:

This petition is filed under Section 482 Cr.P.C. to quash the proceedings against the petitioners/accused in Crime No.25 of 2016 on the file of Station House Officer, Khanapuram Haveli Police Station, Khammam District, registered under Sections 294B, 447, 427 and 506 IPC read with 34 IPC. Heard the learned counsel for the petitioners and the learned Public Prosecutor representing the State. A perusal of the record reveals that the petitioners are accused Nos.1 to 3 and the first respondent is the de facto complainant in Crime No.25 of 2016. As per the allegations made in the complaint, the first respondent purchased an extent of Ac.20.16 cents in Survey Nos.57, 59 and 60 of Regulachelaka village, Khammam Urban Mandal, Khammam District, from the first petitioner in the year 2010. It is further alleged that the petitioners herein trespassed into the land of the first respondent and causing inconvenience to him. It is further alleged that the petitioners herein threatened the first respondent with dire consequences.

Whether the petitioners have committed the alleged offence or not will come to light during the course of investigation only.

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 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 petitioners submitted that the concerned Station House Officer may be directed not to arrest the petitioners till completion of investigation. Having regard to the facts and circumstances of the case, the Station House Officer, Khanapuram Haveli Police Station,

Khammam District, is hereby directed not to arrest the petitioners/accused Nos.1 to 3 in Crime No.25 of 2016 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:22.01.2016 Rns [1] AIR 1960 SC 866 [2] AIR 1992 SC 604 [3] (2009) 3 SCC 78 [4] 2015 (1) ACR 564 (SC)