Supreme Court in State of Haryana and others vs Ch.Bhajanlal and Othersl, this Court is of the opinion that the
Case Details
1. The state of Telangana and another, rep. by its Public Prosecutor High court of judicature At HYderabad
2. N. Padma, Wo N. Vinod aged 48 years, R/o. lndira Nagar Jiyaguda, Hyderabad ...RESPONDENT/COMPLAINANTS Petition under section 482 of Cr.P.C praying that in the circumstances stated in the Memorandum of Grounds of criminal Petition, the High court may be pteased to quash the proceedings in crime No. 128 of 2019 dated 1 1.07 .2019 registered by p S, Kulsumpura, Hyderabad, basing on a complaint lodged by the 2ni Respondent herein Under Section(s) 406,420,506, 509 IPC and Sec.5 OF T.S. Proiection of Depositors of Financial Establishment Act,1999' I.A. NO: 2 OF 2020 Petition under section 482 of ct.P .C praying that in the circumstances stated in the Memorandum of Grounds of criminal Petition, the High court may be pleased to grant stay of all further proceedings in crime No. 128 ol 2019 ii.l'l.ol .zols rigistered-by PS, Kulsumpura, Hyderabad, basing on a complaint todged by the 2n-d Respondent herein Under section(s) 406,420,506, 509 IPC & SeiS OF T.S. protection of Depositors of Financial Establishment Act,'1999 registered against the petitioners/ Accused No 2' This Petition coming on for hearing, upon perusing the Memorandum of Grounds of criminal Petition and upon hearing the arguments of sri N IVIANOHAR, AdVOCAIE fOT thc PEtitiONET ANd SRI M VIVEKANANDA REDDY' thE Assistant Public Prosecutor for the Respondent No.1 and note appeared for the Respondent No. 2. The Court made the following: ORDER ._, i: , THE HONOURABLE SRI JUSTICE E.V. VENUGOPAL CRIMINAL PETITION No.1951 OF 2O2O ORDER: This Criminai Petition is filed under Section 482 o[ Cr.P.C seeking to quash the proceedings against petitioner/accused No.2 in Crime No.128 of 2019 dated 11.07.2019 before the Station House Officer, P. S. Kulsumpura, Hyderabad for the offences punishable under Sections 406, 42O, 506 and 5O9 ol I.P.C. and Section 5 of Telangana State Protection of Depositors of Financial Establishment Act, 1999
2. Heard Mr.N.Malohar, learned counsel for the petitioner and Mr.Vivekananda Reddv, learned Assistant Public Prosecutor appearing for respondent No. 1-State
3. The brief facts of the case are l.hat respondent No.2lde facto compiainant stated that in the year 2Ol7 one of her neighbours by name Dhanraj introduced her to one person namely Sandeep who is running chit funds business in the name and style of "Sri Kalimata Chits"; that respondent No.2 joined as a member for Rs.2,5O,O00/ chit for a duration of thirty (36) months and Rs.7,OOO/ per month and that she was paying the said amount ..., -- from September, 2017; that she continued to pay the amount fdr 1 '\. .t rl .t fifteen (15) months and one Sandeep used to coll--ct the amount by visiting their house. In the month of Decemb: , 20 I B the chit amount u,as elevated ald he promised her ,r pa1' the said arnount on 3i 1. l2.2ol8 but failed to do so. Ir the month of Februarv, 2()19 he gave cheque bearing Nc.1O0[9659 for Rs.6,23,00O/ ir-rcluding the amount under DLz r-rraj Chits. On
16.O3.20 18 s;he came to knor.t, that the gir't'n cheque was dishonoured; that upon enquiry, she came to knc,,r, t}-rart Sandeep has also cheated many other persons such as B.Suresh etc. Basing on the said facts, the present crime is regi: tered.
4. Learned counsel for the petitioner sut rnits that the petitioner is not involved in Chit business ancl the rlocuments seized by the Police are not related to the petitio- ier. Lle submits that the entire complaint taken on its entirety C res not suggest the involvement. of the petitioner in the alleged t:'ime. He further states that thrs Court, vide order dated ,28.0f].2019 in Crl.P.No.5149r of 2OI9 granted anticipa ory bail petitioner/ accused No.3.
5. He staters that there were differences betu'ee -r petrtroner and accused No. I and on account of the same he r'r'as falsely implicated in the present crime. He contends th .t the petitioner 3 was suffering from several ailments; that he is blessed with two children and he is the only bread rvinner of this family. Stating thus, he seeks to quash the impugned proceedings. 6 . Learned Assistant Public Prosecutor submits that respondent-Police, upon conducting thorough investigation, arrayed petitioner herein as accused No.2 in the present Crime. He states that only upon conducting a full-fledged trial, the truth comes to light. Therefore, he seeks to dismiss this Criminal Petition.
7. This Court vide order dated O7.LO.2O2O directed the Police Kulsumpura, Hyderabad, not to arrest the petitioner herein till lB.1l.2O2O and that the Poiice u,ere directed to go on with the investigation. The said interim order was extended from time to time. B. Having regard to the submissions of both the learned counsel and relying on the decision passed by the Hon'ble Supreme Court in State of Haryana and others Vs. Ch.Bhajanlal and Othersl, this Court is of the opinion that the uncontroverted allegations made in the F.l.R. or complaint and the evidence collected in support of the same do not disclose the I l()9? (lrl LI 2916 & :t \.:. I commlsslon c,f any offence and make out a ci se argainst the petitioner. Ac,:ordingly, the Criminal Petition is i ilowed and the proceedings in so far as petitioner/ accused No.2 er re concerned in Crime No.128 oi2019 dated 11..07.2019 before th: Stal.ion House Officer, P.S. X.ulsumpura, Hyderabad for the offt'r ces punishabie under Sections .106, 42O,506 and 509 of I.P.C. irnd Sr:ction 5 of Telangana Sitate Protection of Depositors of Financial Establishment Act, 1999 stands quashed Miscellaneous Petitions, pending if any, shzLl stand closed I D/- A.PRATHIMA :FU TY REGISTRAR //TRUE COPY// I \ \1 SECIION OFFICER To, '1 . The XVI Additional Chief liletropolitan [Vagistrate at Narr rally, llyderabad 2. The Station Flouse Officer, Kulsumpura Police Station, -'l rderabad. 3. One CC to Slll N IMANOHAR Advocate [OPUC] 4. Two CCs to SlRl PUBLIC PROSECUTOR, High Court f() the State of Telangana, Hyderabad [OUT]
5. Two CD Copies GR/PSL w HIGH COURT DATED:1810712025 /.,'-.' ,,.) ,.- -:':: - .: .':.. i' (,r, 17 0H 2025 ORDER CRLP.No.1951 of 2020 ALLOWING THE CRIMINAL PETITION % c.A YY,< 6 a$'''