Leema Talari v. The State Of A.P.,Rep.,Pp

THE HON'BLE SRI JUSTICE T.SUNIL CHOWDARY CRIMINAL PETITION No.119 of 2016 ORDER:

This criminal petition is filed under Section 482 of Cr.PC to quash the proceedings against the petitioners/A1 to A3 in Crime No.74 of 2015 on the file of the Station House Officer, SVU Campus Police Station, Tirupathi Urban registered for the offences under Sections 143, 448, 506, 323 and 109 IPC.

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

3. The petitioners are A1 to A3 and second respondent is de facto complainant in Crime No.74 of 2015. As per the allegations made in the complaint, on 26.10.2015 at about 06.00 PM the petitioners entered into the house of second respondent and beat him. It is further alleged that the petitioners threatened second respondent with dire consequences. The first petitioner is wife, and petitioner NOs.2 and 3 are in-laws of the second respondent. The parties are inter-related with each other. Whether the petitioners have committed the alleged offences or not will come to light during the course of investigation.

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 [1] also the principle enunciated in R.P.Kapoor v. State of Punjab , State [2] [3] of Haryana v. Bhajan Lal , V.Y.Jose V State of Gurajat and Teeja [4], I am of the considered view that this is not Devi v. State of Rajasthan a fit case to quash the criminal proceedings at the threshold.

6. The learned counsel for the petitioners submitted that the concerned Station House Officer may be directed not to arrest the petitioners. Having regard to the facts and circumstances of the case, the Station House Officer, SVU Campus Police Station, is hereby directed not to arrest the petitioners/A1 to A3 till completion of the investigation in Crime No.74 of 2015.

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.

January 06, 2016.

YS [1] AIR 1960 SC 866 [2] AIR 1992 SC 604 [3] (2009) 3 SCC 78 [4] 2015 (1) ACR 564 (SC)