Javed Razack v. The State Of Telangana.,Rep.,Pp
THE HON'BLE SRI JUSTICE T.SUNIL CHOWDARY CRIMINAL PETITION No.10144 of 2015 ORDER:
This petition is filed under Section 482 Cr.P.C. to quash the proceedings against the petitioner/accused No.1 in Crime No.393 of 2015 of Chilkalguda Police Station, Secunderabad, registered for the offence punishable under Sections 427 and 448 IPC read with 34 IPC.
Heard the learned counsel for the petitioner and the learned Public Prosecutor representing the State.
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.393 of 2015. As per the allegations made in the complaint, the petitioner herein along with others break open the house bearing No.6-1-289, Padmarao Nagar, Secunderabad, without any right whatsoever.
It is further alleged that the petitioner herein along with another trespassed into the house of the second respondent. Whether the petitioner has committed the alleged offence or not will come to light during the course of investigation.
It is needless to say that the court has to take into consideration the allegations made in the complaint while exercising inherent jurisdiction under Section 482 Cr.P.C., in order to quash the criminal proceedings at the initial stage of investigation. The court is not justified in embarking upon an enquiry to ascertain the truthfulness, genuineness or otherwise of the allegations made in the complaint. It is a settled principle of
law that the inherent power should not be exercised to stifle a legitimate investigation. If the allegations made in the complaint do not constitute the offence much less the offence alleged to have been committed by the petitioner, then this court can quash the proceedings in order to prevent abuse of process of court thereby to secure the ends of justice.
I have carefully perused the allegations made in the complaint in order to ascertain whether the allegations made in the complaint are patently absurd and inherently improbable thereby to quash the proceedings. The material available on record is prima facie sufficient to investigate into the matter in order to ascertain the truthfulness or otherwise of the allegations made in the complaint.
Having regard to the facts and circumstances of the case and also the principle enunciated in R.P.KAPOOR v. STATE OF PUNJAB[1], STATE OF HARYANA v. BHAJAN LAL[2], V.Y.JOSE V STATE OF GURAJAT[3] AND TEEJA DEVI v. STATE OF RAJASTHAN[4], I am of the considered view that this is not a fit case to quash the criminal proceedings at the threshold.
A perusal of the record reveals that this Court granted interim stay of arrest of the petitioner/A1 on 29.10.2015. Having regard to the facts and circumstances of the case and also in view of the orders dated 29.10.2015 passed by this Court, the Station House Officer, Chilkalguda Police Station, Hyderabad City, is hereby directed not to arrest the petitioner/Accused No.1 till completion of investigation in Crime
No.393 of 2015.
With the above direction, the Criminal Petition is dismissed. Consequently, Miscellaneous Petitions, if any, pending in this Criminal Petition shall stand closed.
_____________________ T.SUNIL CHOWDARY, J Date:10.12.2015 Rns [1] AIR 1960 SC 866 [2] AIR 1992 SC 604 [3] (2009) 3 SCC 78 [4] 2015 (1) ACR 564 (SC)