Smt. Laxmi Tempally v. The State Of Telangana.,Rep.,Pp

THE HON'BLE SRI JUSTICE T.SUNIL CHOWDARY CRIMINAL PETITION No.11188 of 2015 ORDER:

This petition is filed under Section 482 Cr.P.C. to quash the proceedings against the petitioner/A.1 in Crime No.931 of 2015 of K.P.H.B. Colony Police Station, Cyberabad registered for the offences under Sections 406, 411 and 420 I.P.C.

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 accused No.1 and the second respondent is the de facto complainant in Crime No.931 of 2015.

4. As per the allegations made in the complaint, the petitioner herein has stolen the cheque bearing No.000198 worth Rs.68.00 Lakhs in order to defraud the second respondent.

5. The contention of the learned counsel for the petitioner is that the second respondent himself had given the cheque to the petitioner for settlement of debt amount.

6. While exercising the inherent power under Section 482 Cr.P.C., the Court has to take into consideration the allegations made in the complaint only. The Court is not justified in embarking upon an enquiry as to probability, reliability or genuineness of the allegations made in the complaint at the initial stage of investigation. The material placed before the Court is prima facie sufficient to investigate into the matter in order to ascertain the truthfulness or otherwise of the allegations made in the complaint.

7. Having regard to the facts and circumstances of the case and also the principles enunciated by the Supreme Court in R.P.Kapoor v.

[1] [2], I am of the State of Punjab and State of Haryana v. Bhajanlal considered view that it is not a fit case to quash the proceedings at the initial stage of the investigation.

8. The learned counsel for the petitioner submitted that the concerned Station House Officer may be directed not to arrest the petitioner till completion of the investigation.

9. In view of the principle enunciated by the Supreme Court in Arnesh Kumar v. State of Bihar[3], the Station House Officer, K.P.H.B. Colony Police Station, Cyberabad is hereby directed to follow the procedure as contemplated under Section 41A Cr.P.C in Crime No.931 of 2015 so far as the petitioner/A.1 is concerned.

10. With the above direction, the Criminal Petition is dismissed.

11. Consequently, Miscellaneous Petitions, if any, pending in this Criminal Petition shall stand closed.

________________________ T.SUNIL CHOWDARY, J Date: 07.11.2015 Ivd [1] AIR 1960 SC 866 [2] AIR 1992 SC 604 [3] 2014 (8) SCALE 250