Telangana High Court
CRLP/16511/2014 of Thammishetty Sathaiah , Sathyam, Vs State of Telangana, on 31 December 2014
SRI JUSTICE T.SUNIL CHOWDARY CRIMINAL PETITION No.16511 of 2014 ORDER: This petition is filed under Section 482 of Cr.P.C., to quash the proceedings against the petitioners/A1 and A2 in Crime No.461 of 2014 of Sircilla Police Station, Karimnagar District, registered for the offences
THE HON’BLE SRI JUSTICE T.SUNIL CHOWDARYCRIMINAL PETITION No.16511 of 2014
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ORDER:
This petition is filed under Section 482 of Cr.P.C., to quash theproceedings against the petitioners/A1 and A2 in Crime No.461 of2014 of Sircilla Police Station, Karimnagar District, registered for theoffences under Sections 452, 420, 323, 504 and 506 IPC.
Heard the learned counsel for the petitioners and learned PublicProsecutor.
A perusal of the record reveals that the petitioners are A1 andA2 and second respondent is de facto complainant in Crime No.461 of2014. As per the allegations made in the complaint, on 09.11.2014 thepetitioners went to the house of second respondent, beat him andthreatened him with dire consequences.It is further alleged that thepetitioner No.1 is postponing payment of money to the secondrespondent on one pretext or the other with an intention to cheat him.
The court has to take into consideration the allegations made inthe complaint only while deciding the petition under Section 482Cr.P.C. The court is not justified in embarking upon an enquiry toascertain reliability or genuineness of the allegations made in thecomplaint at the initial stage of investigation. The material placed onrecord is prima facie sufficient to investigate into the matter in order toascertain the truthfulness or otherwise of the allegations made in thecomplaint.
Having regard to the facts and circumstances of the case and[1]also the principle enunciated in R.P.Kapoor v State of Punjaband [2]State of Haryana v Bhajan Lal, I am of the considered view thatthis is not a fit case to quash the criminal proceedings at the threshold.
Learned counsel for the petitioners submitted that theconcerned Police may be directed not to arrest the petitioners tillcompletion of investigation. In view of the principle enunciated by theHon’ble Apex Court in Arnesh Kumar v State of Bihar[3], the StationHouse Officer, Sircilla P.S., Karimnagar District, is hereby directed tofollow the procedure contemplated under Section 41A Cr.P.C., inCrime No.461 of 2014 so far as the petitioners/A1 and A2 areconcerned.
With the above direction, the criminal petition is dismissed.Miscellaneous petitions, if any pending in the criminal petition, shallstand closed.
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T.SUNIL CHOWDARY, J
December 31, 2014.
YS
[1]AIR 1960 SC 866AIR 1960 SC 866
[2]AIR 1992 SC 604AIR 1992 SC 604
[3]2014 (8) SCALE 250