Challa Balaji vs State Of Ap
2024 Latest Caselaw 1096 AP

Citation : 2024 Latest Caselaw 1096 AP
Judgement Date : 9 February, 2024

Andhra Pradesh High Court - Amravati

Challa Balaji vs State Of Ap on 9 February, 2024

       THE HON'BLE SRI JUSTICE TARLADA RAJASEKHAR RAO

                    CRIMINAL PETITION No.424 OF 2019
ORDER:

The present criminal petition is filed to call for the records

pertaining to Crime No.197 of 2018, dated 01.09.2018 before

Sattenapalli Town Police Station, Guntur District. Wherein,

Stattenapalli police registered offence under Section 420 read with

34 IPC.

2. There is a specific allegation in the report lodged to the police

against the petitioner, which attracts Section 420 read with 34 IPC.

3. The Apex Court, after considering the plethora of citations,

has laid the guidelines for quashing the FIR/complaints, in the case

of Niharika Infrastructure Private Limited vs. State of

Maharastra1. Following the said judgment and reiterating the same

guidelines, the Apex Court has passed an order in the case of State

vs. M.Maridoss and another2 and the guidelines at paras 13.5

and 13.15 and at para 11, which reads thus:

"13.5. While examining an FIR/complaint, quashing of which is sought, the Court cannot embark upon an enquiry as to the reliability or genuineness or otherwise of the allegations made in the FIR/complaint".

2021 SCC online SC 315

(2023) 4 SCC 338

"13.15. When a prayer for quashing the FIR is made by the alleged accused, the Court when it exercises the power under Section 482 Cr.P.C., only has to consider whether or not the allegations in the FIR disclose the commission of a cognizable offence and is not required to consider on merits whether the allegations make out a cognizable offence or not and the Court has to permit the investigating agency/police to investigate the allegations in the FIR."

"11. As per the settled position of law, it is the right conferred upon the investigating agency to conduct the investigation and reasonable time should be given to the investigating agency to conduct the investigation unless it is found that the allegations in the FIR do not disclose any cognizable offence at all or the complaint is barred by any law."

4. In the present case, there is a specific allegation against the

petitioner herein with regard to commission of offence. While there

is a specific allegation against the petitioner for cognizable offence,

this Court at the FIR stage cannot interfere or interdict the police

from investigating the case.

5. In view of the judgments of the Apex Court referred supra

and as the offence alleged is punishable with imprisonment of less

than seven years, the police is directed to follow the procedure

prescribed under Section 41-A Cr.P.C and also the guidelines laid

down by the Hon'ble Supreme Court in Arnesh Kumar vs. State of

Bihar3.

6. Accordingly, the Criminal Petition is disposed of.