Telangana High Court
Kalakala Sunitha vs The State Of Telangana on 1 October, 2020
Author: K.Lakshman
Bench: K.Lakshman
THE HON'BLE JUSTICE K.LAKSHMAN
CRIMINAL PETITION No.4633 of 2020
ORDER:
This Criminal Petition, under Section 482 Cr.P.C., is filed to quash the proceedings in Crime No.114 of 2019 of Kanchanbagh Police Station, Hyderabad. The petitioner herein is A3 in the said crime. The offences alleged against the petitioner are under Sections 419, 420, 468, 471 and 120b IPC.
Heard learned counsel for the petitioner as well as learned Public Prosecutor.
The present crime was registered on the complaint lodged by the 2nd respondent on 04.06.2019. There is no explanation by the police muchless plausible explanation with regard to the delay in completion of investigation and filing of charge sheet in the present case. On perusal of the entire material would reveal that there is dispute between the petitioner and the 2nd respondent with regard to Plot No.177 in Survey No.60 admeasuring 50 sq. yards situated at Karmanghat Village, Ranga Reddy District.
Considering the said aspects and also the fact that the punishment for the offences levelled against the petitioner is seven years or below seven years, this criminal petition is disposed of directing the police Kanchanbagh to follow the mandatory procedure contemplated under Section 41 A Cr.P.C. and also follow the guidelines issued by the Hon'ble 2 Apex Court in Arnesh Kumar v State of Bihar and another1. In the meanwhile, the police are directed not to arrest the petitioner till completion of investigation and filing of charge sheet.
Miscellaneous petitions, if any, pending in this petition, shall stand closed.
________________________ JUSTICE K.LAKSHMAN 01.10.2020.
kvrm 1 (2014) 8 SCC 273