Simhadri Appanna. Jettiboyina v. The State Of Ap.,

THE HON'BLE SRI JUSTICE T.SUNIL CHOWDARY CRIMINAL PETITION No.3376 of 2015 ORDER:

This petition is filed under Section 482 Cr.P.C. to quash the proceedings against the petitioners/A.16 to A.18 in Crime No.26 of 2015 of Ponnur Town Police Station, Guntur District registered for the offences under Sections 406, 409 and 420 read with 34 I.P.C.

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

3. A perusal of the record reveals that the petitioners are accused Nos.16 to 18 and the second respondent is the de facto complainant in Crime No.26 of 2015.

4. The case of the prosecution is that the employees of the ING Vysya Bank at Ponnur Branch have cheated the customers, who pledged the gold in the bank. It is further alleged that the bank people transmitted the gold to Hyderabad at the directions of the petitioners.

5. Learned counsel for the petitioners submitted that these petitioners have nothing to do with the bank transactions or transmitting the gold from Ponnur to head office of the petitioners.

6. While deciding the petition 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. State of Punjab and State of Haryana v. Bhajanlal, I am of the 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 petitioners submitted that the concerned Station House Officer may be directed not to arrest the petitioners till completion of the

investigation.

9. Taking into consideration the nature of the allegations made in the complaint and also the principle enunciated by the Supreme Court in Arnesh Kumar v. State of Bihar, the Station House Officer, Ponnur Town Police Station, Guntur District is hereby directed to follow the procedure as contemplated under Section 41A Cr.P.C in Crime No.26 of 2015 so far as the petitioners/A.16 to A.18 are 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: 24.04.2015 Ivd