LAWS(TLNG)-2020-9-39

SINDHURA P Vs. STATE OF TELANGANA

Decided On September 10, 2020
Sindhura P Appellant
V/S
State of Telangana Respondents

JUDGEMENT

(1.) This Criminal Petition, under Section 482 of Cr.P.C., is filed by the petitioner/A-3 to quash the proceedings in FIR No.220 of 2019 of SHO, Chandur Police Station, Nalgonda District. The offences alleged against the petitioner are under Sections 379 and 411 of IPC and Section 102 of Cr.P.C.

(2.) Sri Shaik Ahmed Ali, learned counsel for the petitioner/A-3 would strongly contend that as per the contents of the above FIR as well as the Remand Report, ingredients of Section 379 of IPC are lacking. The subject property was not recovered from the petitioner/A-3. According to the learned counsel, the petitioner/A-3 is only a Motor Mechanic. He has also placed reliance on a judgment of the Hon'ble Supreme Court in BHAJAN LAL vs. STATE OF HARYANA, 1992 Supp1 SCC 335. He would further submit that there is no primafacie allegation against the petitioner/A-3. With the said contentions, he sought to quash the proceedings in FIR No.220 of 2019 of SHO, Chandur Police Station, Nalgonda District.

(3.) On the other hand, the learned Public Prosecutor appearing for respondent No.1 - State opposed the application stating that the allegations made against the petitioner are serious in nature and there are specific overt acts against the petitioner/A-3. With the said contentions, the learned Public Prosecutor sought to dismiss the present application.