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1991 Supreme(AP) 258

Andhra Pradesh High Court
Judges : S.S.M.QUADRI
Hassan Ali Khan - Appellant
Versus
State OF A.P. - Respondent
W.P.No. 14590/90
Decided On : 07-05-91
Advocates Appeared :
Mr. K.R.K. Varaprasad

Headnote:Constitution of India, Art 226, And Criminal Procedure Code, Sec 482 - Power of High Court to quash First Information Report issued by Police - When can be exercised under Art 226 - Stated

       Held : Where the FIR and other material including the charge sheet do not disclose any offence, or the proceedings are initiated malafide and amount to abuse of the process of the Court, the criminal proceedings can be quashed by the High Court under inherent power under Sec 482 CrPC which can be invoked only after initiation of criminal proceedings by filing a charge-sheet but not at the investigation stage In considering the question whether an offence is made out the allegations in the FIR and other material have to be taken on the face value The High Court cannot · consider the evidence on the basis of affidavit or otherwise and give a pretrial finding as to the culpability of the accused

       Where investigation is taken up by the Police on the basis of the FIR and other material which do not disclose any cognizance offence, or malafide, or in colourable exercise of power any person aggrieved can invoke the jurisdiction of the High Court under Art 226 of the Constitution to quash the FIR and the investigation for in these situations there exists no power of investigation by the Police Normally under writ jurisdiction the High Court will not thwart or interdict any investigation into a cognizable case as it interferes with the course of detection of crime which is in the best interests of the society except where manifest injustice cries for the order of the Court

       In this case, the facts prima facie disclose offences under Secs 420 and 511 IPC and do not justify interference of the High Court at the stage of investigation in the cognizable offences under writ jurisdiction

       WP Dismissed

S. S. M. QUADRI, J.

( 1 ) THE petitioner prays for a writ of Certiorari to call for records relating to FIRs. in Crimes Nos. 5 of 1990 and 86 of 1990 issued by the respondents and quash the same on the ground that the FIRs. do not disclose commission of any offence.

( 2 ) THE petitioner is carrying on business in the name and style of A1-Sameer Enterprises at 504, Mount Nassir Apartments, Saifabad, Hyderabad. In the same building another person by name Rafiullah Khan is carrying on business of export of mineral salts, etc. , under the name and style of A1-Fatah Exim Services. The said Rafiullah Khan has given general power of attorney in favour of his son Rahamtullah Khan. The side Rafiullah Khan is having current account in the State Bank of India, Charminar branch. He hails from Nellore District. One Syed Abdul Alam, who is an employee of the State Bank of India, worked in the S. B. I. branch at Gudur in Nellore District, thus Rafiullah Khan and Syed Abdul Alam became friends. Syed Abdul Alam was transferred as Manager of the S. B. I. , Charminar branch. The petitioner also has an account with the S. B. I. , Charminar branch. The petitioner says that the said Rafiullah Khan, his son Rahamtullah Khan and another person Azad Khan approached the petitioner for a short term loan of Rs. 30 lakhs. When the petitioner expressed his inability, they gave two cheques of Rs. 15 lakhs each bearing Nos. 856756 and 856757, dated 20-12-1989 containing the endorsement "good for payment". The Bank Manager also assured that the cheques were as good as cash and served as good security for taking short term loan. They promised to repay the amount from out of the sums expected from foreign buyers of the said persons. The petitioner contacted the authorities of the Grindlays Bank Ltd. Abids, Hyderabad for the said loan against the aforesaid post-dated cheques, who promised to give a maximum amount of Rs. 25 lakhs provided cheques worth double the amount of loan to be given by the bank were pledged. On 25-11-1989 the said persons secured two more cheques of Rs. 9 lakhs each, one of them was issued by Dr. K. Butchi Reddy, Managing Director of Kancharla Farms, Liberty Road, Himayatnagar, Hyderabad, and these cheques were also endorsed "good for payment". On the strength of those cheques the petitioner took a loan of Rs. 25 lakhs under two promissory notes dated 25-11-1989 and 29-11-1989. He further says that when the payment became due, he contacted the said persons for clearing the loan taken from the Grindlays Bank Ltd. Out of the said amount of Rs. 25 lakhs the petitioner credited an amount of Rs. 5 lakhs to his account in the S. B. I. , Charminar branch. Therefore, to clear the loan of the Grindlays Bank the petitioner issued cheques of Rs. 21 lakhs. While so, he learnt that in January, 1990 a complaint was given to the 1st respondent alleging cheating in respect of the said transaction. He also informed the S. B. I. authorities about the entire transaction but the 1st respondent registered Crime No. 5 of 1990 against him and others. The petitioner retained cheques of Rs. 30 lakhs issued by Rafiullah Khan to safeguard his interest for realisation of the amounts of the cheques issued by him in favour of the Grindlays Bank. As the validity of the cheques issued by the said persons was expiring he presented those cheques in the Central Bank of India on 18-6-1990, but the S. B. I. , Charminar branch returned the cheques without clearing. On these facts another complaint was made by the S. B. I. , Charminar branch on 26-6-1990 and 27-6-1990, on the basis of which Crime No. 86 of 90 C. C. S. , was registered. On 25-8-1990 the petitioner was arrested and was released on bail on 27-8-1990. He says that wide coverage was given to his arrest stating that he was arrested for presenting a forged bank draft of Rs. 32 lakhs and he filed a private complaint against four newspapers, viz. , Indian Express, News time, Deccan Chronicle and Siasat. It is stated that






















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