Telangana High Court
Dr.Ranganadham vs The State Of Telangana on 23 April, 2024
THE HONOURABLE SMT. JUSTICE K. SUJANA
CRIMINAL PETITION No.11663 of 2023
ORDER:
This Criminal Petition is filed under Section 482 of the Code of Criminal Procedure, 1973 by the petitioner/accused, seeking to quash the proceedings against him in Crime No.291 of 2023 on the file of Abids Police Station, Hyderabad, registered for the offences punishable under Sections 406 and 420 of IPC.
2. The brief facts of the case are that the petitioner, being a frequent customer of Sri Balaji Jewellers, has taken gold and diamond jewellery worth of Rs.2,47,75,477/- under the guise of his son's marriage. However, despite repeated amicable attempts from respondent No.2, the petitioner neither made payment nor returned the gold and diamond jewellery. Based on the complaint, a case was registered vide Crime No.291 of 2023 by the Abids Police, Hyderabad.
3. Heard Sri T. Bala Mohan Reddy, learned Counsel for the Petitioner and Sri S. Ganesh, learned Assistant Public Prosecutor for respondent No.1-State. 2
SKS,J Crl.P.No.11663 of 2023
4. Learned counsel for the petitioner submitted that there is no such allegation against the petitioner to attract any of the offences alleged and prayed to allow the Criminal Petition by quashing the proceedings against the petitioner/accused.
5. On the other hand, learned Assistant Public Prosecutor for respondent No.1-State opposed the submissions of the learned counsel for the petitioner stating that respondent No.2 believing petitioner/accused entrusted gold and diamond jewellery worth of Rs.2,47,75,477/- from March, 2023 to September, 2023 and failed to make payment of the same. Hence, he prayed to dismiss the Criminal Petition.
6. Having regard to the rival submissions of both the counsel, this Court has perused the material available on record. Admittedly, the case is at the stage of the investigation. The averments of the complaint show that the petitioner is a regular customer of the said Jewellery store for the last 40 years and respondent No.2 entrusted the gold and diamond jewellery. It is pertinent to note that there was verbal agreement between the petitioner and respondent No.2 that payments would be made 3 SKS,J Crl.P.No.11663 of 2023 after selection of the Jewellery. However, the petitioner neither paid the amounts nor returned the gold and diamond jewellery and also avoided the calls and messages of respondent No.2. As such, it cannot be concluded that the averments does not constitute the offences under Sections 406 and 420 of IPC and investigation is yet to be completed.
7. At this stage, it is pertinent to note the Judgment of the Hon'ble Supreme Court in State of Madhya Pradesh vs. Surendra Kori 1 , wherein in paragraph No.14 it is held as follows:
"The High Court in exercise of its powers under Section 482 Cr.P.C. does not function as a Court of appeal or revision. This Court has, in several judgments, held that the inherent jurisdiction under Section 482 Cr.P.C., though wide, has to be used sparingly, carefully and with caution. The High Court, under Section 482 Cr.P.C., should normally refrain from giving a prima facie decision in a case where the entire facts are incomplete and hazy, more so when the evidence has not been collected and produced before the Court and the issues involved, whether factual or legal, are of wide magnitude and cannot be seen in their true perspective without sufficient material."
8. In view of the above discussion as well as the law laid down by the Hon'ble Supreme Court in Surendra Kori (supra), this Court does not find any merit in the criminal petition to 1 (2012) 10 Supreme Court Cases 155 4 SKS,J Crl.P.No.11663 of 2023 quash the proceedings against the petitioner and the same is liable to be dismissed.
9. Accordingly, the Criminal Petition is dismissed.
Miscellaneous applications, if any pending, shall also stand closed.
_______________ K. SUJANA, J Date: 23.04.2024 gms