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
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
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
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
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
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