Telangana High Court
CRLP/16366/2014 of C. Paramesh, Vs State of Telangana on 30 December 2014
SRI JUSTICE T.SUNIL CHOWDARY CRIMINAL PETITION No.16366 of 2014 ORDER: This petition is filed under Section 482 Cr.P.C. to quash the proceedings against the petitioners/accused in Crime No.516 of 2014 of Ghatkesar Police Station, Cyberabad, registered for the offences under Sections 447
THE HON’BLE SRI JUSTICE T.SUNIL CHOWDARYCRIMINAL PETITION No.16366 of 2014
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ORDER:
This petition is filed under Section 482 Cr.P.C. to quash theproceedings against the petitioners/accused in Crime No.516 of 2014of Ghatkesar Police Station, Cyberabad, registered for the offencesunder Sections 447 and 427 I.P.C.
Heard the learned counsel for the petitioners and the learnedPublic Prosecutor.
A perusal of the record reveals that the petitioners are accusedand respondent No.2 is the de facto complainant in Crime No.516 of2014.
As per the allegations made in the complaint, the petitionersherein trespassed into the land of respondent No.2 and damaged hiscompound wall.
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 as to probability, reliability or genuineness of the allegationsmade in the complaint at the initial stage of investigation.The materialplaced before the Court is prima facie sufficient to investigate into thematter in order to ascertain the truthfulness or otherwise of theallegations made in 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 theconsidered view that it is not a fit case to quash the proceedings at the initial stage of the investigation.
The learned counsel for the petitioners submitted that theconcerned Station House Officer may be directed not to arrest thepetitioners 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, Ghatkesar Police Station, is hereby directed to follow theprocedure as contemplated under Section 41A Cr.P.C. in CrimeNo.516 of 2014 so far as the petitioners/accused are 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