Telangana High Court
CRLP/14062/2015 of K.Venkat Reddy Vs The State of A.P.,rep.,PP on 31 December 2015
SRI JUSTICE T.SUNIL CHOWDARY CRIMINAL PETITION No.14062 of 2015 ORDER: This petition is filed under Section 482 Cr.P.C. to quash the proceedings against the petitioners/accused Nos.1 to 3 in Crime No.354 of 2015 on the file of the Station House Officer, Kadapa I Town (U/G) Police
THE HON’BLE SRI JUSTICE T.SUNIL CHOWDARYCRIMINAL PETITION No.14062 of 2015ORDER:
This petition is filed under Section 482 Cr.P.C. to quash theproceedings against the petitioners/accused Nos.1 to 3 in CrimeNo.354 of 2015 on the file of the Station House Officer, Kadapa ITown (U/G) Police Station, Kadapa District, registered underSections 506 and 509 read with 34 IPC.
The contention of the learned counsel for the petitioners istwo fold:
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1. The second respondent foisted a false case against thepetitioners as the petitioners lodged a complaint against thesecond respondent’s relatives;
2. Even if the allegations made in the complaint are ex-facietaken to be true and correct, no case is made out against thepetitioners.
On the other hand, learned Public Prosecutor submitted thatthis is not the stage to go into the merits of the case.
A perusal of the record reveals that the petitioners areAccused Nos.1 to 3 and the second respondent is the de factocomplainant. As per the allegations made in the complaint, thepetitioners herein threatened the second respondent and her familymembers with dire consequences. A perusal of the record revealsbasing on the complaint lodged by the petitioners, the StationHouse Officer, I Town U/G Police Station, Kadapa, registered acase in Crime No.353 of 2015 against the second respondent andher relatives under Sections 506 and 509 read with 34 IPC. Whether the second respondent has lodged a false complaint or not will come to light during the course of investigation only.
It is needless to say that the court has to take intoconsideration the allegations made in the complaint whileexercising inherent jurisdiction under Section 482 Cr.P.C., in orderto quash the criminal proceedings at the initial stage ofinvestigation. The court is not justified in embarking upon anenquiry to ascertain the truthfulness, genuineness or otherwise ofthe allegations made in the complaint. It is a settled principle oflaw that the inherent power should not be exercised to stifle a legitimate investigation. If the allegations made in the complaintdo not constitute the offence much less the offence alleged tohave been committed by the petitioners, then this court can quashthe proceedings in order to prevent abuse of process of courtthereby to secure the ends of justice.
I have carefully perused the material available on record inorder to ascertain whether the allegations made in the complaintare patently absurd and inherently improbable thereby to quash theproceedings. The material available on record is prima faciesufficient to investigate into the matter in order to ascertain thetruthfulness or otherwise of the allegations made in the complaint.
Having regard to the facts and circumstances of the caseand also the principle enunciated in R.P.KAPOOR v. STATE OF[1][2]PUNJAB,STATE OF HARYANA v. BHAJAN LAL,[3]V.Y.JOSE V STATE OF GURAJATAND TEEJA DEVI v.[4]STATE OF RAJASTHAN,I am of the considered view that thisis not a fit case to quash the criminal proceedings at thethreshold.
The learned counsel for the petitioners submitted that theconcerned Station House Officer may be directed not to arrest thepetitioners till completion of investigation.
Having regard to the facts and circumstances of the case,this Court is inclined to direct the concerned police not to arrestthe petitioners till completion of investigation. Accordingly, theStation House Officer, Kadapa I Town U/G Police Station, KadapaDistrict, is hereby directed not to arrest the petitioners/accusedNos.1 to 3 in Crime No.354 of 2015 till completion of investigation.
With the above direction, the Criminal Petition is dismissed.Consequently, Miscellaneous Petitions, if any, pending inthis Criminal Petition shall stand closed.
Date:31.12.2015Rns
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T.SUNIL CHOWDARY, J
[1]AIR 1960 SC 866AIR 1960 SC 866
[2]AIR 1992 SC 604AIR 1992 SC 604
[3](2009) 3 SCC 78
[4]2015 (1) ACR 564 (SC)