THE HONOURABLE SRI JUSTICE K. LAKSHMAN
CRIMINAL PETITION No.381 OF 2021
ORDER:
This petition is filed under Section 482 Cr.P.C., to quash the proceedings in FIR No.198 of 2020 on the file of Marredpally Police Station, Secunderabad. Petitioner is accused in the said Crime. The offences alleged against the petitioner are under Sections 406 and 420 IPC.
2. Heard Sri J. Srinivas, learned counsel for the petitioner and the learned Public Prosecutor. Perused the record.
3. Learned counsel for the petitioner would submit that there are disputes between the petitioner and 2nd respondent with regard to supply Sumeet Mixie Grinders. In the complaint, the 2nd respondent stated that the contract was started on 25.02.2014 and the petitioner has supplied the material up to the year 2016. The 2nd respondent has realized in the year 2018 that the petitioner has cheated him. The complaint was lodged on 24.12.2020. Therefore, there is delay of about two years in lodging the complaint. The transaction between the petitioner and the 2nd respondent is a commercial transaction. He would further submit that the police, without following the guidelines issued by the Apex Court in the judgment in Lalita Kumari v. State of Uttar Pradesh1, have registered the present case. 1 2014 (2) SCC 1 2
4. A perusal of the complaint would reveal that the transactions between the petitioner and the 2nd respondent are commercial transactions and there are disputes between the petitioner and the 2nd respondent with regard to the said transactions.
5. Considering the said aspects and also the fact that the punishment for the offences alleged against the petitioner is seven years or below seven years, this Criminal Petition is disposed of directing the Investigating Officer in Crime No.198 of 2020 on the file of Marredpally Police Station, Secunderaad, to follow the procedure laid down under Section 41-A Cr.P.C., and also the guidelines issued by the Hon'ble Apex Court in Arnesh Kumar v. State of Bihar and another2. Till completion of investigation and filing of charge sheet, the Police are directed not to arrest the petitioner. The petitioner shall cooperate with the Investigating Officer in all respects in concluding the investigation of the crime by producing documents and the information as sought by the Investigating Officer.
Miscellaneous petitions, pending if any, shall stand closed.
_________________ K. LAKSHMAN, J February 03, 2021 KTL 2 (2014) 8 SCC 273