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Gafoor Khan Alias Gafoorullah Khan vs State Of Telangana

Telangana High Court · Decided on 2 March 2022 · Citation: (2022) 03 TEL CK 0010

HON’BLE JUDGES
K. Lakshman, J
ACTS & SECTIONS REFERRED
Code Of Criminal Procedure, 1973 — Section 41A, 438, 482 · Indian Penal Code, 1860 — Section 34, 120B, 406, 419, 420, 427, 468, 471, 506
RESULT
Disposed Of
CASE NUMBER
Criminal Petition No. 1871 Of 2022
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Judgment

8 paragraphs · 451 words
1.

This Criminal Petition under Section 482 of the Code of Criminal Procedure, 1973 (for short ‘Cr.P.C.’), is filed seeking to quash the proceedings in Crime.No.250 of 2021, pending on the file of Asifnagar Police Station, Hyderabad. The petitioners herein are Accused Nos.4 to 6 in the said crime. The offences alleged against them are under Sections 420, 406, 427 and 506 read with 34 of IPC.

2.

Heard the learned counsel for the petitioners and learned Assistant Public Prosecutor for the respondents. Perused the record.

3.

Learned Public Prosecutor, on instructions would submit that during the course of investigation, the Investigating Officer has altered the Sections and added Sections 419, 420, 468, 470, 471, 406 and 506 read with 120(B) of IPC.

4.

The allegations against the petitioners herein are that they are sons of accused No.1 and they have obtained signatures on a blank bond paper in respect of hand loan of Rs.17,000/-. In the very same complaint, it is also mentioned that originally accused No.7 who is the tenant of A-1 took signatures on blank paper and advanced the loan of Rs.17,000/-.

5.

Sri J. Prabhakar, learned senior counsel appearing for the petitioners would submit that the version of 2nd respondent is self-contradictory. According to him, the petitioners are sons of A-1, therefore, the 2nd respondent has implicated them in the present crime. Thus, there are several factual aspects to be investigated into by the Investigating Officer during the course of investigation. Therefore, this Court is not inclined to quash the proceedings in Crime No.250 of 2021, pending on the file of Asifnagar Police Station against the petitioners herein.

6.

A perusal of the record would reveal that the petitioners herein, A-1 and A-7 have also filed an application under Section 438 of Cr.P.C seeking anticipatory bail and this Court vide order dated 04.01.2022 in Crl.P.No.10073 of 2021 disposed of the said criminal petition directing the Investigating Officer to follow the procedure laid down under Section 41-A Cr.P.C and also to follow the guidelines issued by the Hon’ble Supreme Court in Arnesh Kumar v. State of Bihar (2014) 8 SCC 273.

7.

In view of the above discussion, this Criminal Petition is disposed of in terms of the order dated 04.01.2022 in Crl.P.No.10073 of 2021. The Investigating Officer in Crime.No.250 of 2021, pending on the file of Asifnagar Police Station, Hyderabad, to strictly follow the procedure laid down under Section 41-A of Cr.P.C. and also the guidelines issued by the Hon’ble Supreme Court in Arnesh Kumar’s case (supra). However, the petitioners shall cooperate with the Investigating Officer by furnishing information and documents as sought by him in concluding the investigation.

Miscellaneous Petitions, pending if any, shall stand closed.