Point of Law :
where the proceedings are maliciously instituted with an ulterior motive for wrecking vengeance on the accused and with a view to spite him due to personal grudge, the Court can exercise power under Section 482 of Cr.P.C. and quash the proceedings. The haphazard manner in which the investigation had been undertaken also clearly established the fact that the proceedings are manifestly attended with mala fides.

ORDER :

1. The present Criminal Petition is filed by the petitioner/A-1, under Section 482 of Cr.P.C., seeking direction to the Investigating Officer of II Town Police Station, Karimnagar, to conduct fresh investigation in Crime No.40 of 2008 and to file a final report expeditiously without arresting the petitioner/A-1 and to follow the directions issued by this Court in W.P.Nos.12346, 12360, 12363 of 2009 and also in Crl.P.Nos.6909, 6910 and 6911 of 2009.

2. During pendency of the Criminal Petition, I.A.No.1 of 2014 (Crl.P.M.P.No.2840 of 2014) came to be filed to receive the documents filed along with the affidavit and consider the affidavit as additional grounds to the application filed by the petitioner/A-1 in Crl.P.No.13422 of 2011 pending before this Court and consequently prayed this Court to pass appropriate orders by quashing the proceedings initiated against the petitioner/A-1 in Crime No.40 of 2008 of II Town Police Station, Karimnagar.

3. The brief facts of the case are that on 06.03.2008, at about 10.30 hours, the 2nd respondent/de facto complainant lodged a complaint stating that “she is a resident of Srinagar Colony, Karimnagar and her husband Nallavelli Venkateswarlu, is working as Senior Assistant in the office of Flood Flow Circle No.II, LMD Colony. On 04.03.2008 at about 9.30 A.M., her husband went to the office and did not return home and when they enquired in the office, they came to know that on receiving a phone call at about 4.30 P.M., her husband left the office and when she tried to call him, his mobile phone was switched off. On the same day at about 4.55 P.M., her son received an S.M.S. to his mobile No.984861022 that her husband left to Nizamabad on urgent work and he would return home in the mid night. On 05.03.2008 at about 8.30 A.M., they received another phone call from her husband’s mobile phone No.9848433940 that he needs an amount of Rs.4.00 lakhs and, therefore, asked to collect the said amount from the relatives and send through their son Santhosh Kumar to Hyderabad. Thereafter, his mobile phone was switched off, and their enquiries about her husband with the relatives and neighbours, became futile. On receipt of the said complaint a case in Crime No.40 of 2008 came to be registered under the head “Man Missing”.

4. On 10.12.2008 the 2nd respondent/de facto complainant lodged a second complaint stating that on 19.09.2008 a Press Meet was conducted at Basheerbagh Press club, Hyderabad and at about 7.00 P.M., her son Ajay Kumar went to the head office of TV-9 Channel, Hyderabad to give press notification and in this regard he approached one Gangadhar, who is the Crime Reporter, and briefed him about the facts of missing of his father Venkateshwarlu. On that the said Gangadhar made a call to the mobile phone No.9866463412 of the petitioner, and took an interview over phone. During the interview, the petitioner had deliberately spoken as “Nene Kidnap Chesanu, Em peekuntaro peekkondi”. Basing on the said complaint, Section of Law was altered from “Man Missing” to Section 363 of I.P.C.

5. Thereafter, the Sub Inspector of Police, II Town Police Station, Karimnagar, filed a Memo before the leaned Magistrate stating that on 03.04.2009 at about 9.00 A.M., while conducting vehicle checking at District Court Chowrasta, Karimnagar, he apprehended four persons and on interrogation, they confessed the offence, in the presence of mediators, and revealed their names as Kotte Srinivas (A-2), Kota Srinivas @ Gaddi Srinu (A-3), Kommuri Govardhan Rao (A-4) and Eerapu Gopal Reddy (A-5) and also stated that in the first week of March, 2008, on the instructions of the petitioner/A-1, all of them met each other, took an Indica Car bearing No. AP 15 AC 5157, went to Algunur village and kidnapped one Nallavelli Venkateswarlu, employee in S.R.S.P., LMD Colony, R/o. Srinagar Colony, Karimnagar, took him to Khammam, Kallur, Hyderabad and Valigonda, outskirts of Nalgonda District, demanded him to give money and when he denied,