IMPORTANT POINT
Civil transactions cannot be criminalized; FIRs must disclose a prima facie case for investigation.

ORDER :

This writ petition is filled under Article 226 of the Constitution of India for the following relief :

“…..to issue an appropriate writ order or direction more in the nature of CERTIORARI and quash the complaint and investigation in Fir No.227 of 2015 dated 1216.12.2015 on the file of Mylavaram Police Station, Krishna District 2nd respondent herein as being unconstitutional, illegal and violative of Article 14 and 21 of the Constitution of India and to pass such other order…

2. The grievance of the petitioner is that 3rd respondent has given a complaint on 16.12.2015 to the 2nd respondent police to the effect that he has taken a hand loan of Rs.4 lakhs from the petitioner in the year 2014 on execution of four promissory notes and four blank cheques and that he is demanding him to pay high interest and also insisting him to double the amount and sending his henchmen to the petitioner house to clear the amount. The said complaint has been registered by Mylavaram police Station vide Fir No.227/2015 on 16.12.2015 for the alleged offences under Sections 447, 384 and 506 IPC. As the complaint of the 3rd respondent is false and baseless, and that the petitioner has not committed any offence as per the allegations made in the complaint, filed the present writ petition for quashing the said FIR.

3. This Court vide order dated 09.02.2016 while issuing Rule Nisi, has granted interim stay as prayed for.

4. Heard Sri Vikram Pooserla, learned counsel appearing for the petitioner and learned Assistant Government Pleader for Home, Sri G..S.R. Prasad, learned counsel for the respondents.

5. On hearing, learned counsel for the petitioner reiterated the averments made in the petition. To support his contentions, learned for the petitioner has placed reliance on a decision of Hon’ble Supreme Court reported in Mahmood Ali and others versus State of U.P and others, 2023 SCC OnLine SC 950, wherein the Apex Court held that :

e are of the view that the case of the present appellants falls within the parameters Nos. 1, 5 and 7 resply of Bhajan Lal (supra).12. At this stage, we would like to observe something important. Whenever an accused comes before the Court invoking either the inherent powers under Section 482 of the Code of Criminal Procedure (CrPC) or extraordinary jurisdiction under Article 226 of the Constitution to get the FIR or the criminal proceedings quashed essentially on the ground that such proceedings are manifestly frivolous or vexatious or instituted with the ulterior motive for wreaking vengeance, then in such circumstances the Court owes a duty to look into the FIR with care and a little more closely. We say so because once the complainant decides to proceed against the accused with an ulterior motive for wreaking personal vengeance, etc., then he would ensure that the FIR/complaint is very well drafted with all the necessary pleadings. The complainant would ensure that the averments made in the FIR/complaint are such that they disclose the necessary ingredients to constitute the alleged offence. Therefore, it will not be just enough for the Court to look into the averments made in the FIR/complaint alone for the purpose of ascertaining whether the necessary ingredients to constitute the alleged offence are disclosed or not. In frivolous or vexatious proceedings, the Court owes a duty to look into many other attending circumstances emerging from the record of the case over and above the averments and, if need be, with due care and circumspection try to read in between the lines.

The Court while exercising its jurisdiction under Section 482 of the CrPC or Article 226 of the Constitution need not restrict itself only to the stage of a case but is empowered to take into account the overall circumstances leading to the initiation/registration of the case as well as the materials collected in the course of investigation. Take for instance the case on hand. Multiple FIRs have been registered over a period of time. It is in the ba