THE HON'BLE SRI JUSTICE B.CHANDRA KUMAR CRIMINAL PETITION No.6242 of 2008 Date:- 29th April, 2010 Between: M/s.Subhiksha Trading Services Ltd., And others. …Petitioners AND The State of A.P. and another. …Respondents THE HON'BLE SRI JUSTICE B.CHANDRA KUMAR CRIMINAL PETITION No.6242 of 2008 ORDER:- This Criminal Petition, under Section 482 Cr.P.C., is filed by the petitioners praying to quash proceedings against them in Crime No.1143 of 2008 of Saroornagar Police Station, Cyberabad, Hyderabad. Heard the learned counsel on record. Learned counsel for the petitioners submitted that though the alleged incident took place on 10.09.2008, complaint was lodged before the XI Metropolitan Magistrate, Cyberabad at L.B.Nagar on 16.09.2008 and the complaint also is a false one. Second respondent herein is the complainant. The main allegation against the petitioners are that they engaged the complainant as Retail Outlet Manager for one of the branches of the first accused at P & T Colony and subsequently he was transferred to the outlet at Santhoshnagar ‘Subhiksha Super Market’. It is the case of the complainant that the first accused stopped payment of salaries to the Retail Outlet Managers and employees of ‘Subhiksha Super Market’ without any reason and the total salary due to him for the two months, i.e., for the months of July and August, 2008 comes to Rs.38,500/-. On 24.08.2008, at about 12:30 P.M., the complainant, along with his other colleagues, requested and demanded A-2 to pay salaries due to them, but the accused is alleged to have scolded them. Then, the matter of non-payment of salaries was reported to the Commissioner of Labour, Hyderabad and also to the Hon’ble Chairman, A.P.State Human Rights Commissioner and it appears that the Hon’ble Chairman, A.P.State Human Rights Commission issued notices to the parties to appear before him on 14.10.2008. It is also alleged that on 10.09.2008 at about 08:30 P.M., A- 3 to A-8 went to the house of the complainant and forcibly took him in a Maruti Van to their office at Minerva Complex, Secunderabad, and illegally detained him in a room. It is also alleged that he was threatened by putting dagger on his neck and was also mercilessly beaten by all the accused. It is also alleged that A-2 had obtained the signatures of the complainant on several blank papers, promissory note and stamp papers. Another incident of almost similar kind has also been alleged to have occurred on 13.09.2008. The grievance of the complainant is that though a report was given to the police, no action was taken. It is also the case of the complainant that he and his colleagues were threatened by the accused to not to give report to the police. Merely because one of the accused lodged a complaint prior to the present complaint by the complainant and it may appear to be a counter-blast are not sufficient grounds to quash the proceedings. The truth or otherwise of the allegations cannot be decided in these proceedings. Reporting the matter of non- payment of salaries to the authorities may be the motive for the offence. It is a settled legal position that the High Court, while exercising inherent powers under Section 482 Cr.P.C., may quash proceedings only in case where it appears that the contents of the complaint did not disclose the ingredients of the alleged offence(s). In the instant case, there is nothing on record to show that the allegations made against the accused in the complaint did not constitute the alleged offences and as such, I do not see any valid ground to quash the proceedings against the petitioners. Therefore, I am of the view that the Criminal Petition is liable to be dismissed. The observations made supra shall not be taken into consideration while disposing of the criminal cases. Accordingly, the Criminal Petition is dismissed. _______________________________ JUSTICE B.CHANDRA KUMAR April 29, 2010 Bvv