Telangana High Court
CRLP/16495/2014 of Sri K. Rama Chandra Murthy Vs The State of A.P., on 31 December 2014
SRI JUSTICE T.SUNIL CHOWDARY CRIMINAL PETITION No.16495 of 2014 ORDER: This petition is filed under Section 482 Cr.P.C. to quash the proceedings against the petitioner/Accused in Crime No.878 of 2014 of Jubilee Hills Police Station, Hyderabad District, registered for the offence under
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THE HON’BLE SRI JUSTICE T.SUNIL CHOWDARYCRIMINAL PETITION No.16495 of 2014ORDER:
This petition is filed under Section 482 Cr.P.C. to quash theproceedings against the petitioner/Accused in Crime No.878 of2014 of Jubilee Hills Police Station, Hyderabad District, registeredfor the offence under Sections 448, 342, 323 and 384 read with 34IPC.
Heard the learned counsel for the petitioner and the learnedPublic Prosecutor.
A perusal of the record reveals that the petitioner isaccused No.1 and the second respondent is the de factocomplainant.As per the allegations made in the complaint, on22.09.2014 the petitioner along with some other is trespassed intothe house of the second respondent and beat her.The petitioneris none other than the husband of the second respondent.Whether the second respondent filed number of criminal casesagainst the petitioner or not will come to light during the course ofinvestigation.
While deciding the petition under Section 482 Cr.P.C., theCourt has to take into consideration the allegations made in thecomplaint only.The Court is not justified in embarking upon anenquiry to ascertain the truthfulness or otherwise of the allegationsmade in the complaint at the initial stage of the investigation.Thematerial placed before the Court is prima facie sufficient toinvestigate into the matter in order to ascertain the truthfulness orotherwise of the allegations made in the complaint.
Having regard to the facts and circumstances of the caseand also the principles enunciated by the Supreme Court in[1]R.P.Kapoor v. State of Punjaba n d State of Haryana v.[2]Bhajanlal, I am of the view that it is not a fit case to quash theproceedings at the initial stage of the investigation.
The learned counsel for the petitioner submitted that theconcerned Station House Officer may be directed not to arrest thepetitioner till completion of the investigation.
In view of the principle enunciated by the Supreme Court inArnesh Kumar v. State of Bihar and another[[3]], the StationHouse Officer, Jubilee Hills Police Station, Hyderabad District, ishereby directed to follow the procedure contemplated underSection 41-A Cr.P.C. in Crime No.878 of 2014, so far as thepetitioner/Accused No.1 is concerned.
With the above direction, the Criminal Petition is dismissed.
Consequently, Miscellaneous Petitions, if any, pending inthis Criminal Petition shall stand closed.
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T.SUNIL CHOWDARY, J
31.12.2014Rns
[1]AIR 1960 SC 866AIR 1960 SC 866
[2]AIR 1992 SC 604AIR 1992 SC 604
[3]2014 (8) SCALE 2502014 (8) SCALE 250