Telangana High Court
Koracha Ravi Chandra vs The State Of Telangana on 16 July, 2024
THE HON'BLE SMT. JUSTICE K. SUJANA
CRIMINAL PETITION NO.7312 OF 2024
ORDER:
This Criminal Petition is filed under Section 482 of the Code of Criminal Procedure, 1973 (for short 'Cr.P.C.') to quash the proceedings against the petitioners/accused Nos.2 and 3 in Crime No.387 of 2024 of P.S.Shamshabad, registered for the offences punishable under Sections 489-(A), (B), (C) (D) and 420 r/w.120-b of Indian Penal Code (for short the 'IPC').
2. The brief facts of the case are that on 11.06.2023 at about 10.00 a.m., on reliable information that one person was illegally transporting fake currency notes, the S.I. of Police, Shamshabad Police station, informed the same to his superior officers and made G.D. entry. He along with his staff and two mediators went to Thondupally Village and while doing vehicle check, one person coming on bike without number plate and helmet tried to escape from them. The complainant and his staff caught that person and when asked about bike papers, he gave suspicious answers. On checking the bag of that person, they found Rs.500/- notes bundles and the same was fake currency. The said person revealed his name as Koracha Murugesh, that he brought the currency from Karnataka State, that Koracha 2 Murugesh and his brother Koracha Ravi Chandra, his brother's son Koracha Yogesh, have printed cokr Xerox in Murugesh J.K.Xerox shop at Hosalingapura Village, Karnataka State. After printing, Koracha Ravi Chandra informed to Murugesh to take the notes and he went to Shamshabad, Hyderabad and informed him that after reaching Hyderabad to call Ravi Chandra, and thereafter, another person will contact Murugesh at Shamshabad and he will give Rs.1,00,000/- original currency for Rs.3,00,000/- fake currency. Hence he kept the said notes in the bag and started from Hosalingapura to Hyderabad with his brother on bike without number plate. The complainant conducted confession and seizure panchanama and seized the currency notes and pulsor bike under cover of panchanama and also arrested accused No.1. The petitioners herein are accused Nos.2 and 3.
3. Heard Sri Gunti Yadaiah, learned counsel for the petitioners and Sri S.Ganesh, learned Assistant Public Prosecutor appearing for the respondent.
4. The contention of learned counsel for the petitioners is that there is no iota of truth in the allegations leveled against the petitioners and all of them are invented for the purpose of implicating the petitioners in the present case. The petitioners 3 herein are no way concerned with the exchange of fake notes and that the complainant got lodged false report basing on the statement of accused No.1. The petitioners herein are the residents of Karnataka and they are not present at the scene of offence and even not present near the scene of offence and not involved in the conspiracy. Nothing is recovered from these petitioners and the allegations leveled against them are vague. As such, prayed the Court to quash the FIR registered against them.
5. On the other hand, the learned Assistant Public Prosecutor would submit that the offences alleged against the petitioners are grave in nature and the matter is still under investigation stage. As such, prayed the Court to dismiss this petition.
6. Having regard to the rival submissions and the material placed on record the allegations leveled against these petitioners are that the petitioners herein along with accused No.1 is circulating fake currency of Rs.500/- notes and police seized the same from accused No.1. The accused No.1 in his confession statement confessed about involvement of these petitioners and it is still under investigation stage. The alleged offences against the petitioners are grave in nature and at this stage, it cannot 4 be said that petitioners are not involved in this crime as proper investigation has to be conducted.
7. However, to quash the proceedings under Section 482 of Cr.P.C, the Court has to see whether the averments in the complaint prima facie shows that it constitute the offences as alleged by the Police. Further, while dealing with the petition filed under Section 482 of Cr.P.C., the Court has to take into consideration the averments made in the complaint and the statements of witnesses and if the averments made therein do not constitute any offence, as alleged against the accused persons, then the proceedings against the accused are liable to be quashed.
8. Furthermore, as per the judgment of the Hon'ble Supreme Court in State of Madhya Pradesh vs. Surendra Kori 1, in paragraph No.14, the Hon'ble Supreme Court observed as under:
"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 1 (2012) 10 Supreme Court Cases 155 5 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."
9. In view of the above discussion and as per 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 quash the proceedings against the petitioners and the same is liable to be dismissed.
10. Accordingly, the Criminal Petition is dismissed. However, the investigating officer is directed to complete the investigation and file charge sheet as early as possible.
Miscellaneous petitions, if any, pending shall stand closed.
_______________ K. SUJANA, J Date : 16.07.2024 Rds