Telangana High Court
Lakhan Singh And 4 Others vs The State Of Telangana And 3 Others on 10 December, 2021
Author: B. Vijaysen Reddy
Bench: B. Vijaysen Reddy
The Hon'ble Sri Justice B. Vijaysen Reddy
W.P. No. 33279 of 2021
Order:
Heard learned counsel for the petitioners and learned
Government Pleader for Home appearing for respondents No.1 to 3.
Perused the record.
2. Petitioners are accused in Crime No.182 of 2021 of Kulsumpura Police Station, registered for the offences punishable under Sections 427 and 327 IPC. They allege that respondent No.4 has falsely implicated them in the said crime.
3. In the complaint, respondent No.4/defacto-complainant stated that a compound wall was constructed by some unknown persons in his land on 22.10.2021; that the newly constructed compound wall collapsed as it was in a wet condition; that immediately, about 15 to 20 members including the petitioners attacked him with sticks and rods and tried to kill him; that as the incident was recorded in the mobile phone of the nephew of respondent No.4, petitioners grabbed the said mobile phone and brutally beaten respondent No.4 near pan shop with sticks and rods; that about five months back, petitioners have threatened respondent No.4 and his mother with dire consequences.
4. It is submitted by learned counsel for the petitioners that the offences in Crime No.181 of 2021 are punishable with less than seven years imprisonment.
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5. In these circumstances, this Writ Petition is disposed of with the direction to respondent No.3/Station House Officer, Kulsumpura Police Station to follow the procedure prescribed under Section 41-A of Cr.P.C., and the guidelines of the Supreme Court in Arnesh Kumar v. State of Bihar and another1, during the course of investigation in the aforesaid crime.
As a sequel, Miscellaneous Petitions, pending if any, stand dismissed.
___________________ (B. Vijaysen Reddy, J) Dt: 10th December, 2021 lur 1 AIR 2014 SC 2756