E.Kotharayudu v. The State Of A.P.,Rep.,Pp

THE HON'BLE SRI JUSTICE T.SUNIL CHOWDARY CRIMINAL PETITION No.13398 of 2015 ORDER:

This petition is filed under Section 482 Cr.P.C. to quash the proceedings against the petitioners/A.2 to A.5 in Crime No.35 of 2015 on the file of the Station House Officer, Yadiki Police Station, Anantapur District, registered for the offences under Sections 420, 468 and 471 read with 34 I.P.C.

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

3. A perusal of the record reveals that the petitioners are accused Nos.2 to 5 and the second respondent is the de facto complainant in Crime No.35 of 2015.

4. As per the allegations made in the complaint, the petitioners in connivance with the Village Revenue Officer created false pattadar passbooks in respect of an extent of Ac.18.25 guntas in Survey No.103-F of Thutrallapalli Village. It is further alleged that the petitioners cheated the Government by creating false pattadar passbooks.

5. The contention of the learned counsel for the petitioners is that the petitioners sold the property in pursuance of the orders of this Court in Writ Petition No.17472 of 2013.

6. Whether the land covered in Writ Petition No.17472 of 2013 and the land sold by the petitioners is one and the same or not will come to light during the course of investigation. 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 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 facts and circumstances of the case, this Court is inclined to direct the Station House Officer, Yadiki Police Station, Anantapur District, not to arrest the petitioners/A.2 to A.5 in Crime No.35 of 2015 till completion of the investigation.

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: 16.12.2015 Ivd [1] AIR 1960 SC 866 [2] AIR 1992 SC 604