THE HONOURABLE SRI JUSTICE RAJA ELANGO CRIMINAL PETITION No.12406 OF 2010 DATED 22nd FEBRURAY, 2011. BETWEEN : M/s.Tata Motors Limited & another .. Petitioners-A.1 and A.2 and The State of A.P. & another ..Respondents THE HONOURABLE SRI JUSTICE RAJA ELANGO CRIMINAL PETITION No.12406 OF 2010 ORDER: Petitioners approach this Court with a prayer to quash the F.I.R. in crime No.286 of 2009 of Mahankali Police Station, Secunderabad, for an offence under Sections 420, 468 and 471 of Indian Penal Code. Heard. This Court perused the entire material on record and gave careful consideration to the argument of the learned counsel for the petitioners. Para No.3 (iv) of the complaint reads as follows: It is further submitted that, since the date of purchase of all the vehicles the complainant have on numerous occasions have been complaining to the Accused No.1 and 2 herein to rectify all the defects thereby enabling the complainant to use the vehicle for the purpose of purchased. It is further submitted that, it is very ashamed to the Accused No.1 and 2 herein even they are not supplied the spare parts for the vehicles, the vehicles are stopped for more than 45 days on road for non availing of the spare parts, the complainant is suffered huge losses and there are no use by entering into AMC Agreement as the service were not rendered in time. It is further submitted that, due to frequent breakdown and non availability of spare parts the vehicles were idle for a very long time which can be verified from the records, in-spite of several complaints to the Accused No.1 and 2 herein, but they did not attended to any of the problems nor assured to look into them. The Accused No.1 and 2 are wrongly assured and informed about the performance of the vehicles in mining operations and induced to part with huge amounts. On persistent complaints made by the complainant the engineers of the Accused company were cut down the size of body of all the vehicles. But unfortunately there was no improvement. The above said averments clearly show that there was some deficiency of service by the accused and the entire reading of the complaint does not disclose any cognizable offence, but whereas on the basis of the order passed by the learned Magistrate under Section 156 (3) Cr.P.C. to register the case, the present crime has been registered by the Police. Further, it is represented by the counsel for the petitioners that after service of notice, the complainant herein forwarded a letter to the Registry, which runs as follows: Date : 04-02-2011 To The Registrar, High Court of Andhra Pradesh, Hyderabad. Dear Sir, Sub: Criminal Petition No.12406/2010 against CCSR No.8156/2009 Consequential FIR No.286/2009 of Police of Mahankali, Secunderabad – Criminal Petition for quashing on behalf of TATA MOTORS Ltd., Mumbai, represented by Mr.Deependra Sharma (A1) & TATA Motors Ltd., Secunderabad, represented by Mr.K.Raghunath (A1) – High Court of Andhra Pradesh, Hyderabad. This is to inform you that I am not pursuing either through Court or through Police any action against TATA Motors or their staff and out complaint against them for having supplied defective vehicles have been settled amicably. We have NO OBJECTION in allowing the criminal petition No.12406/2010 without prejudice to our interest in any manner whatsoever. ………..” Even though this Court has not taken cognizance of the said letter, on perusal of the entire documents and contents of the complaint, this Court is of the view that no cognizable offence is made out. Hence, the proceedings against the present petitioners are liable to be quashed. Accordingly, the Criminal Petition is allowed and the further proceedings in crime No.286 of 2009 of Mahankali Police Station, Secunderabad, are hereby quashed. Miscellaneous petitions filed in this Criminal Petition, if any, shall stand closed. ________________________ JUSTICE RAJA ELANGO Dated : 22.02.2011 sur