T SHYAM SUNDER Vs. N JAYANTH KUMAR

JUDGEMENT

(1.) Heard Sri Vinod Kumar Deshpande, the learned Counsel representing the petitioner and Sri K.Dhanunjay, the learned Additional Public Prosecutor.

(2.) The petitioner filed the present criminal petition under Section 482 of the Criminal Procedure Code to quash the F.I.R. in Crime No.51 of 2002, dated 28-3-2002 of P.S., Adilabad II Town.

(3.) The case of the petitioner is that he is doing business in purchase and selling of shares and he is the Managing Director of Eshwara Securities Limited, Hanmakonda and respondent No.1 is a Medical Practitioner running a Nursing Home under the name and style of "Anil Nursing Home" at Mulkanoor Village of Bhimdevarapally Mandal of Karimnagar District. The petitioner had a transaction of purchase and sale of shares in the name of respondent No.1 and his family members under his authorization and at that time respondent No.1 herein raised some disputes with regard to the accounts relating to the said transaction. It is also stated that respondent No.1 is a rich and highly influential person and as a part of his evil design to extract more money from the petitioner, respondent No.1 with the help of police for his illegal acts had forcibly taken him from his office in a Tata Sumo Jeep and was illegally detained. Several other allegations also had been made and it is stated that the petitioner gave a complaint before the Special Court for Human Rights (I Additional Sessionsm, Judge) Warangal vide S.C.No.126 of 2002 and the said case is said to be pending for enquiry under Section 12(A) of Human Rights Ac, 1993. Certain other details also had been narrated. It was further stated that respondent No.l had taken the help of police, Adilabad and kidnapped the petitioner on 17-4-2002 by wrongfully detaining the petitioner in Dhanalaxmi Lodge at Adilabad and forced him to execute some documents and immediately telegrams were issued by the staff members of the petitioner, family members of the petitioner to the Honourable the Chief Justice, to the Honourable Home Minister and to the Director General of Police. The petitioner was abducted with the help of police since the case in Human Rights Courts was posted for further evidence of the petitioner on 19-4-2002. It was further stated that the telegram was numbered as Writ Petition No.8184 of 2002 and by; order, dated 30-4-2002 this Court dismissed the said writ petition giving right to the petitioner to agitate before the appropriate forum. It was further stated that since telegrams were issued by the petitioner, he was remanded by police of Adilabad on 23-4-2002 by producing him before the Judicial Magistrate of First Class at Adilabad Later on, the petitioner was enlarged on bail. It is stated that Crime No.51 of 2002 registered against the petitioner under Sections 406, 420 read with 506 I.P.C., is ex facie, untenable, illegal and beyond the jurisdiction of Adilabad II Town Police. Hence, the same is liable to be quashed.