The High Court · 2025

1 The State of Telangana, Rgp ny its public prosecutor, High Court at Hyderabad_ 2. Koccherla Ravi, S/o.Narsaiah, Aged 36 years, Occ. Sub-lnspector of police, P S. Mailardevpally, R/o.Durganagar, Mailardevpally, RajeniJranagar (Mdl), R. R. District ...RESPONDENTS/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 pleased to quash the proceedings against the Petitioners/Accused No_ I and 4 in CC.11o.84112021 pending on the file of the I Addl. Junior Civit Judge-Cum-Xll Addl. Metropolitan Magistrate, CyberabaC at Rajendranagar in the interest of justice. l.A. NO: 1 OF 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, including the appearance of the Petitioners/Accused No.1 and 4 in CC.No.841l2O21 pending on the file of the Hon'ble I Addl. Junior Civil Judge-Cum-Xll Addl. Metropolitan Magistrate, Cyberabad at Rajendranagar. This Petition coming on for hearing, upon perusing the Memorandum of Grounds of Criminal Petition and upon hearing the arguments of Sri Mohd. Muzaffer Ullah Khan, Advocate for the Petitioners and of Sri E. Ganesh, learned Asst Public Prosecutor on behalf of the Respondent Nir.1 and None appeared for the Respondent No.2. The Court made the following: ORDER THE HONOURABLE SRI JUSTICE E.V. VENITGOPAL CBI!IINAL PE"IITION No. 8O59 oF 20231 ORDER: This Criminal Petition is filed under Secriort 482 of Cr.P.C., by tl-r: petitioners/accused Nos.1 and 4, sr:eking to quash t he ploceedings against the petitic,ners h erein in C.C.No.84 1 of 2O2l pending on the hle of I Additional Junior Civil Judge-crm-XII Additional Metropolitan Mzigistrate, Cyberabad at l?ajendranagar, registered in Cr No .525 ol 2Ol9 for the crffenr:r:s punishable under Section 42O r I,t, 34 of Indian Penal (:],)de. 2 . Heard leeLrned counsel for the petitione.rs and learned Assistant F:blic Prosecutor for respondent llo. 1_State. Perused t.he rr:c ord.

3. The brief facts of the case are that on 28_07 -2019 the Respondent lir.2 who the Sub-inspector of police has lodged a con-rp laint stating that he receiverl a crc:dible information atrcut transportation of milk powder in front of Rajini Food Pr:o lucts Company at Kattedan, basing orr the ._ information hr: utong:"iit his staff proceeded to the :lace 1t I I i I l i 2 crLP.No.Eosg ol2c,\ --'.!-rl \J and found one DCM bearing No.KA33-A-8758 ald some persons were unloading the bags containing milk powder - \ from the DCM in two Autos. He apprehended the driver of the DCM van on which he stated that his owner has directed him to transport the powder from Yadgiri District, . Karnataka ald as per his owner's direction he has tralsported the same and on questioning, the driver has shown the invoice and E-way bi1l. On suspicion when he checked the DCM he found 138 bags of milk powder each of 25 Kgs and also 20 bags of Busa. As the bag does.not contain the name of manufacturer or marketing agency name, he has seized the DCM and registered a case against accused Nos.1 to 5 in Cr.No.525 of 2079 of Mailardevpally Police Station, Cyberabad District and further proceeded to godown, there he seized empty bags of bralded milk powder from the godown and lodged the complaint for which a case has been registered for the offence U /s.42O of IPC against the Petitioners and other accused persons' Aggrieved- thereby, the present Crimin4, l=!t[.:jjrt.d !{___ the petitioners/ accused Nos. 1 and 4. rr' 3 EW,J Cr'-P.,Yo.ao59 oJ 2023

4. Learn,,:c[ counsel for the petitioners submit.s tlrat none of the ingrr:rlients discloses that there was anr/ ,:ontract between the Respondent No.2 and the accused 1)el sons to attract ,orim.a.facie for the offence U /s.42O,rf IpC rLnd the complailt i-' ,,ague ald s ent about the person rvho u,ere deceived and it is not the case of the proser:utrorL tl-rat the Sub-Inspector of police is not al eggrieved person as he does not ciainLed to be cheated, only the aggrieve.d person have a L,ocu:; Standi to lodge a complaint rJ,r s.420 rtf ipC. Though the 1,1s5sqrltion has filed the charge sjh,.)et no evidence ha s I reen brought on record to pro.rs th e i rlleged charges against the accused. He further submits theLt only on the assurnlttion and presumption, the c,lmplitr rr t has been lodp;ed ;rr d the Investigating officer wittLout ,",er.ifying the facts of tht: case has mechanically filed the charqe sheet even though no prima_facre offence is made out.

415. , Chealing-fiIhoeuer, bg decelving ang person, frdud.ulen g or dishonestlg Induces' tn"-'-"p"r."i)- to !:."rr.! .!" d.etiaer ang propercg to d.ng pe..son, or to consent that q.ng person sho.ll retain inj orop"nn, o,. ::te:tiona!t! induces the person so decelved to do or ollrit to d.o ,qagthittg rohlch he uould rlot do or omit i7 i. _"." not so dece'i. ed, o.nd which set or omission cczses or is likelg to ca:ure damage or hqtm to that pe"son-r-" i"on, mlnd, reputal:ion or propertg, ls said to ,,chea!,,. i l I J .E r'' -,-.- 4 C|LP.No.AOS9 of 2O2- E! ""1 Explanatlon. A dishonest conceo'lment of Jacts is a deception uithin the eaning oJ this section.

5. He further submits that the offence of cheating can be established if the accused herein induces the other person to deliver any property which would otherwise have not been done. As far as the present case is concerned, there is no such allegation levelled against the accused either in the complaint or in the cha-rge sheet. In support of his contention he relied upon the decision rendered by the Apex Court in V'Y'Jose and dnother Vs. State of Guiarat & anotherr which highlighted the ingredients to constitute an offence U ls'42O of IPC which reads as follow: For the PurPose of constituting on olfence of cheating' the complc;ir.o:nt is required to sllot/J thqt the accused had Jraudulent or dishonest intention qt the time of nolkinj promise or rePresentation- Euen in q case where o.tlegortlins are made in regard to Jqilure on the Pqrt o.f the accused to keep his promise, in o.bsen.ce of a cutpable intention qt the time oJ naklng it itiql Promise being o.bse'at, no o;fience under s,ectio,a 42O of the Indio,'r Penal Code cdn be sdid to hdue been nade out' He further submits that though they have submitted the documents like tax invoices, invoices, E-way bills, GST and 2009 (I) SCC (CrL) 996 5 EW,J CrLP.No..9O59 ol2O23 Purchase order-.;, Police have not taken into consideraticn of thc same and tho Petitioners are law abiding citizer,s and continuatio:r of llLe proceedings against them is irn abus;e of the process of lav'. Therefore, he seeks to allow the Criminal Petition. 6 . Learned r\r;sistant Public Prosecutor submt ts that unless and unlil full-fledged trial is conducted, the truth cannot be eliciterl Therefore, he seeks to dismiss the Criminal Petition.

7. A perusai ,r1 record reveals that the above mentiotred contentions are disputed questions of fact, which neec to be gone into bv the trial Court. Hence the appearance of :he petitioners/ zrccu sr:d Nos.1 ald 4 before the trial Corrrl is dispensed with unless their presence is specifically requir.ed during the course of trial, subject to the condition of petitioners being represented by their counsel on every d:rte of hearing, failirrg which this order stands; var:a..ed automaticall.r.

8. Accordingl.r-. the Criminal petition is disposec of, granting libertl-r,) agitate all the issues and grour-rds tha._ are 6 C|LP.No.AO59 ol **-,1 raised before this Court including filing of discharge application before the concerned Court. In the event of such application being made, the concerned Court shall dispose it of on merits. Miscellarteous applications pending, if any, shall stand closed SD/. N. SRI HARI ASISTANT REGISTRAR // I ,TTRUE COPY// SECTION OFF ICER To 4 The I Addl Junior Civil Judge-Cum-Xll Addl Metropolitan Magistrate' Cyberabad at Raiendranagar The Station House Officer' Mailardevpally Police Station' Cyberabad Distrtct One CC to Sri Mohd Muzaffer Ullah Khan' Advocate IOPUCI Two CCs to PUBLIC PROSECUTOR' High Court for the State of Telangana

2. 4 at HYderabad [OUT]

5. Two CD coPtes BJLB/PSL w HIGH COURT DATED:1410212O25 ORDER CRLP.No.8059 af 202'3 CRIMINAL PETITION lfi DISPOSED OF ,, I \ .9 $." .i','

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