Telangana High Court
CRLP/16376/2014 of Mallavarapu Ajayendra Babu Vs Pulagam Charles on 30 December 2014
SRI JUSTICE T.SUNIL CHOWDARY CRIMINAL PETITION No.16376 of 2014 ORDER: This petition is filed under Section 482 Cr.P.C. to quash the proceedings against the petitioner/accused in Crime No.527 of 2014 of Nandigama Police Station, Krishna District, registered for the offences under
THE HON’BLE SRI JUSTICE T.SUNIL CHOWDARYCRIMINAL PETITION No.16376 of 2014
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ORDER:
This petition is filed under Section 482 Cr.P.C. to quash theproceedings against the petitioner/accused in Crime No.527 of 2014 ofNandigama Police Station, Krishna District, registered for the offencesunder Sections 406 and 420 I.P.C.
Heard the learned counsel for the petitioner and the learnedPublic Prosecutor.
A perusal of the record reveals that the petitioner is accusedand respondent No.1 is the de facto complainant in Crime No.527 of2014.
As per the allegations made in the complaint, on 15.12.2014,respondent No.1 entrusted 70 grs., of gold to the petitioner forpreparing of four bangles and one chain. But, the petitioner did notreturn the gold articles with an intention to cheat respondent No.2.It isfurther alleged that the petitioner has misappropriated the goldornaments of respondent No.1.
While deciding the petition under Section 482 Cr.P.C., the Courthas to take into consideration the allegations made in the complaintonly.The Court is not justified in embarking upon an enquiry as toprobability, reliability or genuineness of the allegations made in thecomplaint at the initial stage of investigation.The material placedbefore the Court is prima facie sufficient to investigate into the matter inorder to ascertain the truthfulness or otherwise of the allegations madein the complaint.
Having regard to the facts and circumstances of the case andalso the principles enunciated by the Supreme Court in R.P.Kapoor v.[1][2]State of Punjaband State of Haryana v. Bhajanlal, I am of the considered view that it is not a fit case to quash the proceedings at theinitial 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 in Arnesh Kumar v. State of Bihar and another[[3]], the Station HouseOfficer, Nandigama Police Station, is hereby directed to follow theprocedure as contemplated under Section 41A Cr.P.C. in CrimeNo.527 of 2014 so far as the petitioner/accused is concerned.
With the above direction, the Criminal Petition is dismissed.
Consequently, Miscellaneous Petitions, if any, pending in thisCriminal Petition shall stand closed.
Date:30.12.2014KH
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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]2014 (8) SCALE 2502014 (8) SCALE 250