High Court of Telangana · 2025

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 pleased to quash the Charge Sheet, bearing C.C No. 2758 of 20022 dt.03-12- 2019 on the file of Vl ADDL Judicial First Class Magistrate at Warangat, by arraying petitioners as Accused no. 1 and 2 respectively, in Cr. No. 174 of 2017, d|.2810712017 on the file of PS. Matwada, Warangal Dist., for the offences under S. 420, 506 IPC against the petitioner. l.A. NO: 1OF 2023 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 pleased to stay all further Proceedings as against the Petilioner in Charge Sheet bearing C.C No.2758 of 20022 dt. 03-12-2119on the file of Vt ADDL Judicial First Class Magistrate at Warangal, by arraying petitioners as Accused no. '1 and 2 respectively, in Cr. No. 174 of 2017, dt. 2810712017 on the file of PS. Matwada, Warangal Dist.,for the offences under 5.420. 506 lPC. This Petition coming on for hearing, upon perusing the Mernorandum of Grounds of Criminirl Petition and upon hearing the arguments of r3ri MAMILLA ASHWIN REDDY, Advocate for the Petitioner and the Asst. Publrc Prosecutor (TG) on behalf of tf,e Respondent No.1, and None Appeared for tht;r Respondent No.2. The Court rnade th,-. following: ORDER 1 -- THE HONOURABLE SRI JUSTICE E.V. VENUGOPAL CRIMINAL PETITION No.7818 OF 20123 ORDTR: This Criminal Petition is filed by the petitioners/ accused Nos.1 and 2 seeking to quash the proceedings in C.C.No.275B of 2022 dated O3.I2.2O19 on the file of the learned VI Additional Judicial First Class Magistrate, at Warangal (for short, "the trial Court') for the offences punishable under Sections 42O, 506 of I.P,C.

2. Heard Mr.Mamilla Ashw'in Reddy, learned counsel for the petitioner and Mr.E.Ganesh, learned Assistant Public Prosecutor appearing for respondEnt No. 1-State.

3. The brief facts of the case are that the wife of respondent No.2/complainant and petitioner No.1/accused No. 1 are childhood friends. Petitioner No.2 is the son of Petitioner No.1. It is stated that out of acquaintance, petitioners, by their deceitful means, made respondent No.2, to believe that they are in need of huge money for their business necessities, due to which, respondent No.2 had given one kg of Gold biscuits and 2O kgs and 550 gms of Silver biscuits to the accused. It is also stated that accused No.1 had executed an acknowledgment in receipt of l I I I t *#n' * ,* 2 the sane on Rs.100/- Non-Judicial Stamp Paper. But the accused failed to return the said biscuits er.en afte r expiry of stipulated time arld thereby, cheated the complainalt. Basing on the said facts, the present crime is registered.

4. Learned ,)ollnsel for the petitioners submits that no specific allegations are made out against the petitioners ald if investiga ted fu'ther, the alleged offences would not rvithstand the scrutiny of la'r',. He further submits that the entire dispute is civil-in-r: ature and the present compiaint is registerec:. to harass the petilioners basing on frivolous allegations. Thr,:refore, he seeks to allorv this Criminal Petition.

5. LeuLrned Assistant Public Prosecutor cont(.nds that petitioner No.1/-accused No.1 failed to return their Gold and Silver bis;cuits, stopped lifting their phone calls and thr:is, cheated him. He states that on 28.07 .2017, the petitioners cirrne to the house of respondent No.2, abused ald threaten ed therir r,r,.ith dire consequ€nce; t_-rat the petitioners had also obtieined arrticipatory bail vide Crl.M P.No.1O95 of 2Ot7 dated 22.082OtZ before the competent criminal Court.

6. Learned I ssistant Public prosecutor states that .:.he matter requires t.o be t -ied and only upon conducting a. full_fle Cged trial, \ * ff, 3 * { the truth comes to light and seeks to dismiss this Criminal Petition.

7. Having regard to the submissions of both the learned counsel, this Court is of the opinion that there was no involvement of petitioner No.2/accused No.2 at the time of occurreRce of the alleged transaction of lending the said Gold and Silver biscuits to accused No.1. Therefore, the offence as alleged under Section 42O of I.P.C. does not attract against petitioner No.2/accused No.2. It is evident from the record that accused Nos.1 and 2 obtained alticipatory bail vide Crl.M.P.No.1O95 of 2017, Dis No.42 1 dated 22.08.2017. Further, Section 506 of LP.C. is an ancillary offence committed in continuation of primary offence i.e., Section 42O of I.P.C. Therefore, this Court is of the opinion that no specific or distinct offence is made out against accused No.2 herein. Hence, this is a fit case to quash the proceedings in so far as petitioner No.2/accused No.2 is concerned.

8. However, relying on the decision passed by the Honble Apex Court in State of Odisha Vs. Pratima Mohanty and Othersl, this Court is of the opinion that pima facie t}:.e I I ingredients for constituting offence under Sections 420 of I.P.C. '-1 t (2022]l 16 Supreme Court Cases 703 l I ) * * * :'*t'1-\i: flffi I: , * 4 have been made out as against petitioner No.1/accuse:l No.1 and this Court, unier Section 482 of Cr.P.C., cannot embark upon conducting a mini trial. It is only upon conclusion of a fu11 fledged trie l, the truth would come to light. Therefore, this Court is not in:lined to entertain this Criminal Petitior in so far as petitioner Nr,. 1/accused No. I is concerned

9. In vierv of the aforesaid discussion and rel_r.iltg on the decision crted supra the proceedings in so far as petitioner No.2/accused I'1o.2 in C.C.No.2758 of 2022 dated 03. 12.2019 on the file of th e learned VI Additional Judiclai First Class Magrstrale. at \Varangal stand quashed. The proceedings against petitioner No.17 accused No.1 shall go on

10. Accordingl-v, this Criminal Petition is partl1, a-llowed. To, Miscellanr:ous Petitions, pending if any, shalt srand closed Sd/. A.V.S. PRASAD ASSISTANT REGISTRAR //TRUE COPY// \1/1 \ i \ ,SECTION OFFICER 1 The \rl ADDL Judicial First Ctass Magistrate at Wa\{angat 2. The Statior House Officer, Matwada Police Station, Warangal Comrnissione rate District.

3. One (lC to Sf ll. MAMILLA ASHWIN REDDY, Advocate [OpUC] 4. Two rlCs to the Public Prosecutor, High Court for the State of Telangana at Hyde'abad. [OUT]

5. Two OD Copi:s HIGH COURT DATEDT 1110212025 I z ':. v \ ,I I .-2 4, o o t 1eL4 .$ s* (o S iJ o !ll * ORDER CRLP.No.7818 ot 2023 THE CR.IMIN,AL PETITION IS PARTLY ALLOWED I & 1 ,i