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2020 DIGILAW 304 (TS)

Sumith Kumar v. State Of Telangana

2020-02-24

G.SRI DEVI

body2020
JUDGMENT G.Sri Devi, J. - This Criminal Petition under Section 482 Cr.P.C. is filed by the petitioner-A2 to quash the proceedings in connection with crime No.135 of 2020 on the file of the SHO, Madhapur (Guttala) Police Station, Cyberabad District, registered for the offences punishable under Sections 376 (2) (n) and 506 r/w 34 IPC and Section 5 r/w 6 and 11 r/w 12 of POCSO Act, 2012 and to stay all further proceedings in the said crime. 2. Heard the learned counsel for the petitioner and learned Additional Public Prosecutor representing the State. 3. It is contended by the learned counsel for the petitioner that the petitioner has not committed any of the offences as alleged in the complaint. He further submits that the 2nd respondent/complainant filed the present complaint with false and frivolous allegations and the present F.I.R. is liable to be quashed. 4. Learned Additional Public Prosecutor opposed the prayer for quashing of the FI.R. and submits that the contents of the F.I.R. clearly disclose cognizable offence and that the F.I.R., in the present case, lodged by the 2nd respondent/complainant cannot be quashed. 5. After considering the various decisions including the decision of STATE OF HARYANA V BHAJAN LAL, 1992 SCC(Cri) 426 I am of the view that there can be no interference with the investigation or order staying arrest of the petitioner unless cognizable offence is not ex-facie discernable from the allegations contained in the F.I.R. or there is any statutory restriction operating on the power of the police to investigate a case. From a perusal of the F.I.R., prima facie, it cannot be said that no cognizable offence is made out. Hence, no ground exists for quashing of the F.I.R. or staying arrest of the petitioner. However, the Station House Officer, Madhapur (Guttala) Police Station, Cyberabad District, is directed to proceed with the investigation and till submission of final report, no coercive steps shall be taken against the petitioner-A2 in the above crime. 6. Accordingly, this Criminal Petition is disposed of. As a sequel, miscellaneous petitions, if any pending, shall stand closed.