Telangana High Court
Smt Zubeda Begum Alias Shahnaz Begum, vs The State Of Telangana, on 29 December, 2022
1THE HONOURABLE SRI JUSTICE K.SURENDER
CRIMINAL PETITION No.11819 OF 2022
O R D E R:
This Criminal Petition is filed under Section 482 of the Code of Criminal Procedure, 1973 (for short 'Cr.P.C.') by the petitioners-Accused Nos.1 to 4 and 6 to quash the proceedings against them in Crime No.318 of 2022 pending on the file of Station House Officer, Kachiguda Police Station, Hyderabad. The offences alleged against them are under Sections 405, 415, 418, 420, 506, 120-B of IPC read with 34 of IPC.
2. Heard both sides.
3. A perusal of the record would reveal that the petitioners are arrayed as accused Nos.1 to 4, 6 on the allegation of cheating the 2nd respondent herein. According to the private complaint which is filed before the Court, there was an agreement between petitioner Nos.1,2,3 with the respondent No.2/complainant to construct the multi storey building by demolishing the existing structures. Thereafter disputes arose with regard to the construction of the building on one side and the ownership of the land on the other side. Predominately, it appears to be a Civil dispute.
KS,J Crl.Petition No.11819 of 2022 2
4. In view of the aforesaid reasons, this Criminal Petition is disposed off directing the Investigating Officer in Crime No.318 of 2022 pending on the file of Station House Officer, Kachiguda Police Station, Hyderabad, to strictly follow the procedure laid down under Section 41-A of Cr.P.C. and also the guidelines issued by the Hon'ble Supreme Court in Arnesh Kumar v. State of Bihar1 scrupulously without taking any coercive steps. It is needless to say, any deviation in this regard will be viewed seriously. The petitioners shall co-operate with the Investigating Officer by furnishing information and documents as sought by him, in concluding the investigation.
Miscellaneous applications pending, if any, shall stand closed.
_____________ K.SURENDER, J Date: 29.12.2022 gms 1 (2014) 8 SCC 273 KS,J Crl.Petition No.11819 of 2022 3 THE HONOURABLE SRI JUSTICE K.SURENDER CRIMINAL PETITION No.11819 OF 2022 29.12.2022 Gms