ORDER :

1. The appeals arise from an order dated 22 March 2012 of the High Court of Telangana by which a criminal proceeding arising out of FIR No 336 of 2009 registered at Central Crime Station, Hyderabad has been quashed.

2. There are two appeals against the judgment of the High Court; the first by the State of Andhra Pradesh and the second by the complainant.

3. The complainant had purchased a BMW 7 series vehicle on 25 September 2009. The case of the complainant is that on 29 September 2009, while he was driving the vehicle, a serious defect was noticed and the car was taken to the workshop. The car is alleged to have faced a similar problem on 13 November 2009. On 16 November 2009, a complaint was lodged for alleged offences under Sections 418 and 420 of the Indian Penal Code 1860 which led to the registration of the FIR. The manufacturer, Managing Director and other directors were named as the accused.

4. The High Court, during the pendency of the proceedings, allowed the investigation to continue, but stayed arrest. By the impugned order dated 22 March 2012, the High Court quashed the proceedings, but, while doing so, directed the manufacturer to deliver a brand new BMW Series v