Ch.Pavan Naga Kumar v. The State Of A.P.,Rep.,Pp

THE HON'BLE SRI JUSTICE T.SUNIL CHOWDARY CRIMINAL PETITION No.979 of 2016 ORDER:

This petition is filed under Section 482 Cr.P.C. to quash the proceedings against the petitioner/accused No.1 in Crime No.14 of 2016 on the file of Station House Officer, Governorpet Police Station, Vijayawada City, Krishna District, registered under Sections 406 and 420 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 A1 and the second respondent is the de facto complainant. As per the allegations made in the complaint, the second respondent herein is the owner of an extent of Ac.1.75 cents in R.S.No.99 of Vijayawada Urban and entered into a development agreement with the petitioner in the year 2013. It is further alleged that the second respondent came to know that the petitioner herein by playing fraud obtained a sale deed from him in the year 2013 instead of development agreement with an intention to cheat him. Whether the second respondent subscribed his signatures knowing the nature of the document 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 material available on record 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.

The learned counsel for the petitioner submitted that the concerned Station House Officer may be directed not to arrest the petitioner till completion of investigation.

Taking into consideration the facts and circumstances of the case, the Station House Officer, Governorpet Police Station, Vijayawada City, Krishna District, is hereby directed not to arrest the petitioner/accused No.1 in Crime No.14 of 2016 till completion

of investigation.

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:03.02.2016 Rns [1] AIR 1960 SC 866 [2] AIR 1992 SC 604 [3] (2009) 3 SCC 78 [4] 2015 (1) ACR 564 (SC)