RAPOLU SHOBHA Vs. STATE OF TELANGANA

JUDGEMENT

(1.) This Criminal Petition is filed under Sec. 482 of the Code of Criminal Procedure by the petitioner-accused No.2 to quash Crime No.113 of 2015 of Lingala Ghanpur Police Station registered for the offences under Ss. 420 and 504 read with Sec. 34 of the Indian Penal Code.

(2.) The basis for the Police, Lingala Ghanpur to register the case against the petitioner-accused No.2 is private complaint filed by the respondent No2-de-facto complainant before the Judicial Magistrate of First Class at Jangaon, which was forwarded to Police Station for further investigation under Sec. 156 (3) of the Code of Criminal Procedure. The facts in brief as per the private complaint filed before the trial Court under Sec. 200 of the Code of the Criminal Procedure is as under:

(3.) Respondent No.2 has filed counter through his counsel stating that the averments of the complaint clearly shows that the petitioner has committed offence punishable under Ss. 420 and 504 of the Indian Penal Code. Unless enquiry is completed by the Police, the truth or otherwise of the allegations will not come to light and the petitioner-accused No.2 is not a party in a civil suit. Therefore, the contention of the petitioneraccused No.2 that respondent No.2 has converted civil dispute into criminal case is incorrect. Even if the civil suit is filed, the acts done by the petitioner-accused No.2 and accused No.1 constitute an offence alleged against them and therefore, sought for dismissal of the criminal petition.