V. BHASKARA RAO, J.

( 1 ) THIS is a petition filed u/s. 482, Cr. P. C. , to quash investigation in Crime No. 254 of 90 of Abids Police Station, Hyderabad.

( 2 ) THE relevant facts in brief are : One Ramanayya, General Manager of Hotel Ahwanam made a report to the Police, Abids Police Station, on 7-9-90 stating that some cash was missing from their almirah having been stolen and they suspect one Satyam of Guntur. The Police registered it as Cr. No. 254/90 u/ S. 457 and 380, I. P. C. On 13-9,90 the Sub-Inspector arrested one Satyanarayana at his residence in Nacharam, Hyderabad, and recovered Rs. 25,000/- from him. Satyanarayana named three persons as having been involved in the Crime. They are (i) Kasinath, (ii) Kareem and (iii) Prasad. On the same day (i. e. 13-9-90) the Sub-Inspector arrested Kasinath and recovered from him Rs. 5,000/ -. While so, on 25-9- 90 the local Daily, viz. Deccan Chronicle, published a news item stating that there has been a theft of Rs. 1,70,00,000/ - from Ramakrishna Studios at Nacharam, that Sri N. T. Rama Rao has slashed away lakhs of rupees and kept them in Ramakrishna Studios and that a tea-stall owner has fled away with a part of money kept in the film-boxes. On 16-9-90 a Congress Legislator requested for a probe into the theft at Nacharam and that, it is stated, as per the wish of the Chief Minister the Government ordered it. Thereafter the C. B. C. I. D. , took up investigation from the Abids Police.

( 3 ) IT is stated that the two people arrested by the Abids Police, viz. (i) Satyanarayana and (ii) Kasinath revealed the name of the petitioner as the main participant in the case. The petitioner, therefore, moved the 2nd Addl. Metropolitan Sessions Judge for grant of anticipatory bail on 25-9-90 in which a counter was filed stating that the investigation revealed commission of a theft at Nacharam. That petition ended in its dismissal.

( 4 ) ON 9-10- 90 within the limits of Marriguda Police Station, Devarakonda Taluk of Nalgonda District, the petitioner was arrested u/s. 41, Cr. P. C. , when he was roaming suspiciously. On arrest police recovered a sum of Rs. 10,042/- from him and on the next day another sum of Rs. 30,000/- from his residence. In the confessional statement, he stated that he has stolen money from the Ramakrishna Studios at Nacharam. Subsequently, the case was transferred to the Nacharam Police Station on the point of jurisdiction. Thereafter the case is being investigated by the Inspector of Police, Malkajgiri. It is submitted that the petitioner was working as a light-boy whenever there was work in the Ramakrishna Studios for wages and that he had no connection with the theft in Ahwanatn Hotel or Ramakrishna Studios and that with mala fide intention he is being harassed and therefore the investigation has to be quashed.

( 5 ) THE learned counsel for the petitioner submitted that the powers of Police while investigating into cases are within the confines of Ss. 156 and 157, Cr. P. C. and that cognizable cases referred to in those sections have to be taken as the resultants of offences as defined in S. 2 (n), Cr. P. C. , and S. 40, I. P. C. Once there is no offence, he submitted, there cannot be any investigation and in this case there being no report as regards commission of any theft in Ramakrishna Studios there is no offence to be investigated and therefore the investigation has to be quashed.

( 6 ) TO appreciate the submission of Mr. Pattabhi, the learned counsel, it is necessary to refer to Ss. 156 and 157 of Cr. P. C. , which are as follows :"156. Police Officer s power to investigate cognizable case : (1) Any officer in charge of a police station may, without the order of a Magistrate, investigate, any cognizable case which a Court having jurisdiction over the local area within the limits of such station would have power to inquire into or try under the provisions of Chapter XIII. (2) No proceeding of a police officer in any such case shall at any stage be called in que

Click Here to Read the rest of this document