Kundur Thirupathi Reddy vs A. Sravan Kumar And Another

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.189 of 2021, pending on the file of CCS Police Station, Hyderabad registered for the offences under section 406 and 420 r/w 34 IPC. The petitioner herein is not shown as an accused in the said crime.

Heard the learned counsel for the petitioner and learned Assistant Public Prosecutor for the respondent No.2. Perused the record.

In the complaint dated 02.11.2021, the only allegation against the petitioner herein is that he had introduced the accused to the father of the de facto complainant, thereafter the de facto complainant and his family members have invested money about Rs.2,35,00,000/- (Rupees Two Crores Thirty Five lakhs only), in his real estate business.

According to the learned counsel for the petitioner, the Investigating Officer had served notice on the petitioner herein under section 41-A Cr.P.C and calling him to the police station regularly and harassing the petitioner under the guise of investigation.

According to the learned Assistant Public Prosecutor, the petitioner herein is accused No.2 and the Investigation Officer has already served notice under section 41-A Cr.P.C on 19.04.2022 itself. Though the crime was registered on 2.11.2021, the Investigating Officer has not completed the investigation and filed final report so far.

There are several factual aspects, including the role played by the petitioner herein in commission of the offence, to be investigated into by the investigating officer during the course of investigation. In a matter like this, scuttling the investigation at the threshold is not warranted. In view of the said circumstances, this Criminal Petition is disposed of directing the Investigating Officer in Crime.No.189 of 2021, pending on the file of CCS Police Station, Hyderabad, to 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 v. State of Bihar (2014) 8 SCC 273. The petitioner herein shall cooperate with the Investigating Officer by furnishing necessary information and documents as sought by him in concluding the investigation. The Investigating Officer is further directed not to harass the petitioner herein under the guise of investigation.

Miscellaneous Petitions, if any, pending, shall also stand closed.