Telangana High Court
Sri.Bendram Thirpathi Reddy vs The State Of Telangana on 29 June, 2021
Author: K. Lakshman
Bench: K. Lakshman
THE HONOURABLE SRI JUSTICE K. LAKSHMAN
CRIMINAL PETITION No. 4820 OF 2021
ORDER:
This Criminal Petition under Section 482 of the Code of Criminal Procedure, 1973 (for short 'Cr.P.C.'), is filed seeking to quash the proceedings in Cr.No.106 of 2021, pending on the file of Station House Officer, Ellanthakunta Police Station, Rajanna- Sircilla District. The petitioner herein is sole accused in the said crime. The offences alleged against him are under Sections 419, 420 of IPC, Sections 50 and 100 (2) read with 177 of Motor Vehicles Act, 1988 (for short 'the MV Act').
2. Heard the learned counsel for the petitioner and learned Assistant Public Prosecutor for the respondents. Perused the record.
3. The allegation against the petitioner herein in the complaint dated 24.04.2021 is that he has been using vehicle i.e., Tata Safari bearing registration No.AP-16-CE-0555 in violation of the provisions of MV Act and also the Rules made thereunder. There is also an allegation that the petitioner herein has written 'Member of Legislative Assembly' on the number plate in red letters though he is not a 'Member of Legislative Assembly'.
4. Referring to the complaint, learned counsel for the petitioner would submit that the contents of the complaint lack the ingredients of offences alleged against the petitioner under 2 Section 419 and 420 of IPC. According to him, the petitioner herein has purchased the said vehicle from a 'Member of Legislative Assembly'. Learned counsel for the petitioner referring to the complaints in Cr.Nos.99, 100 and 101 of 2021, would submit that there are disputes between the petitioner and the 2nd respondent, therefore, the 2nd respondent has implicated the petitioner herein in the present case. According to him, the 2nd respondent is not having any locus standi to lodge the present complaint. Thus, there are several factual aspects to be investigated into by the Investigating Officer during the course of investigation
5. Considering the above said aspects, this Criminal Petition is disposed of directing the Investigating Officer in Cr.No.106 of 2021, pending on the file of Station House Officer, Ellanthakunta Police Station, Rajanna-Sircilla District, to follow the procedure laid down under Section 41-A of Cr.P.C. and also the guidelines issued by the Hon'ble Supreme Court in Arnesh Kumar v. State of Bihar1. The Investigating Officer is further directed to consider the said contentions of the petitioner that he has purchased the said vehicle from a 'Member of Legislative Assembly', there is no inducement, cheating and also the locus of the 2nd respondent herein. The petitioner shall cooperate with the Investigating Officer by furnishing information and documents as sought by him in concluding the investigation. 1 (2014) 8 SCC 273 3 Miscellaneous Petitions, pending if any, shall stand closed.
__________________ K. LAKSHMAN, J Date: 29.06.2021 dv