THE HON’BLE SRI JUSTICE R.SUBHASH REDDY CRIMINAL PETITION No.7344 of 2008 ORDER: This Criminal Petition is filed under Section 482 Cr.P.C. by accused No.8 in Crime No.148 of 2008 of Tanuku Police Station in West Godavari District, seeking to quash the proceedings in the said crime. The aforesaid crime is registered against the petitioner and seven others for the alleged offences under Sections 384, 386, 387 and 468 IPC read with 114 IPC. The second respondent has filed a private complaint before the learned Judicial First Class Magistrate, Tanuku. In the said complaint, he stated that on 27.07.2007, around 11.30 a.m., while he was in the Government Hospital, Tanuku and attending to his routine official duties, A.8 sent a word to him to come to the police station by informing that a criminal complaint is pending against him. Then, he went to the Police Station along with the Police Constables sent by A.8. He further stated that in the Police Station, around 12.00 noon, A.8 along with A.1 to A.7 and dozen others including three practicing advocates of Tanuku Bar Association were present. Thereafter, A.8 assaulted him, put him in fear of injury, threatened him with false accusations, tortured him mentally with harsh words, insulted him to a maximum extent and insisted him to put his signatures on the documents shown by A.7, who is the document writer. Precisely, it is the case of the second respondent that the properties were got transferred by obtaining his signatures forcefully at the instance of A.8 by calling him to the police station. In this Criminal Petition, it is the case of the petitioner that he did not involve in the alleged offence and though similar complaints were filed before the Hon’ble Human Rights Commission and the Hon’ble Lokayuktha, the investigation conducted into the same did not reveal anything adverse to him. In this view of the matter, it is submitted that the complaint lodged against the petitioner is a gross abuse of process and the crime registered against him is liable to be quashed. It is also submitted that though the incident was on 27.07.2007, the private complaint was filed on 12.08.2008. On the other hand, it is submitted by the learned Additional Public Prosecutor appearing for the State that on filing the private complaint, the matter was referred to the police under Section 156(3) Cr.P.C. of Tanuku Town Police Station and aforesaid crime was registered for the offences as mentioned above. It is also submitted that though there was no truth in the allegations made against A.1 to A.7, prima facie, a case was made out against the petitioner, who is A.8, because in the investigation, it came to light that he summoned the second respondent to the Police Station on 27.07.2007 without any propriety and without either registering the crime or entering the substance of the complaint in the general diary of Tanuku Town Police Station. I have heard the learned counsel for the parties and perused the complaint lodged before the learned Judicial First Class Magistrate, Tanuku. In the complaint, it is specifically alleged that the petitioner/A.8 called the second respondent to the Police Station by informing that a criminal complaint is pending and when the second respondent went to the Police Station along with the Police Constables sent by A.8, A.1 to A.7 along with three practicing advocates were there. Though it is submitted that there were similar complaints filed against the petitioner before the Hon’ble Human Rights Commission and the Hon’ble Lokayuktha, when it is submitted by the learned Additional Public Prosecutor that the second respondent was called by the petitioner/A.8 to the Police Station in the absence of registration of any crime and without making any entry in the general diary, this Court is of the view that it is a matter for enquiry. Merely because there was some delay on the part of the second respondent in filing the complaint that by itself is no ground to quash the proceedings in Crime No.148 of 2008. It is to be noted that the interim order passed by this Court on 14.11.2008 continued all along. For the aforesaid reasons, this Court is not inclined to quash the proceedings in Crime No.148 of 2008 registered against the petitioner, as no case is made out by him in this Criminal Petition filed under Section 482 Cr.P.C. However, taking into account the fact that the alleged offence was on 27.07.2007 and as interim order, dated 14.11.2008 passed by this Court continued all along, I deem it appropriate to direct the police not to arrest the petitioner till completion of investigation and filing of appropriate final report under Section 173 Cr.P.C. Thereafter, it is open to the police to take steps in accordance with law. Subject to the above, the Criminal Petition is disposed of. ______________________ R.SUBHASH REDDY, J 2nd NOVEMBER, 2011. kvni