Joseph Dsouza v. The State Of Telangana
THE HON'BLE SRI JUSTICE M.S.K. JAISWAL Criminal Petition No. 12933 of 2015 Order:
This Criminal Petition is filed by the petitioners/A1 to A10, under Section 482 of the Code of Criminal Procedure, 1973, seeking to quash the FIR registered against them in Crime No. 638 of 2015 of Pet Basheerabad Police Station, Cyberabad, for the offences punishable under Sections 506, 507, 509 read with 34 IPC.
2. Heard the learned counsel for the petitioners and the learned Additional Public Prosecutor representing the State.
3. The second respondent/de facto complainant and others are staff of one Operation Mobilization India (OM India) of which the petitioners/A1 to A10 are the Trustees and Administrative Officers. The allegation against the petitioners/A1 to A10 is that they are threatening the employees, who were peacefully agitating against the removal of 63 staff members. It is also alleged that there is a threat to the lives and families of the agitators and they are also receiving threatening calls from unknown persons.
4. Learned counsel for the petitioners has brought to the notice of this Court a detailed analysis of events which took place in between the management and employees, who are seem to be involved in some litigation or the other, and submitted that the present case is foisted against the petitioners to wreak vengeance against them.
5. The specific allegation against the petitioners/A1 to A10 is that they being the management of the Institution, where the de facto complainant and others are
working, threatened the employees, who were peacefully agitating against the removal of staff members, with dire consequences. The material on record, prima facie, sufficient to investigate into the allegations made against the petitioners/A1 to A10 in the FIR. There are no valid grounds to quash the FIR.
6. In the facts and circumstances of the case and taking into consideration that the petitioners herein are the Trustees and Administrative Officers of the Institution namely Operation Mobilization India (OM India), which is running for the well being of the society, and as requested by the learned counsel for the petitioners, the Criminal Petition is disposed of directing the Station House Officer, Pet Basheerabad Police Station, Cyberabad, not to arrest the petitioners/A1 to A10 herein, but however, the investigation shall continue to its logical end and the petitioners shall co-operate with the investigating agency for smooth completion of the investigation.
7 . As a sequel thereto, the miscellaneous applications, if any, pending in the Criminal Petition shall stand closed.
__________________ M.S.K. JAISWAL, J.
Date: 07.12.2015 Nsr