Telangana High Court
Smt Sivannagari Aruna vs State Of Telangana on 28 March, 2022
Author: K. Lakshman
Bench: K.Lakshman
THE HONOURABLE SRI JUSTICE K.LAKSHMAN
CRIMINAL PETITION No.2811 OF 2022
ORDER:
This Criminal Petition under Section 482 of the Code of Criminal Procedure, 1973 (for short 'Cr.P.C.'), is filed seeking to quash the proceedings in Crime.No.22 of 2022, pending on the file of Station House Officer, Rajagopal Pet, Siddipet District. The petitioner herein is sole accused in the said crime. The offences alleged against her are under Sections 420, 406, 423 and 506 of IPC.
2. Heard the learned counsel for the petitioner and learned Assistant Public Prosecutor for the respondents. Perused the record.
3. The petitioner herein is the daughter of the 2nd respondent. The allegations against her are that she has taken the 2nd respondent to her home on the occasion of Sankranthi festival and has obtained registered gift settlement deed bearing document No. 7099/2020 dated 10.07.2020. Learned counsel for the petitioner would submit that the 2nd respondent, father of the petitioner himself had 2 executed gift settlement deed in favour of the petitioner herein in respect of the land admeasuring Ac.1-20 gts in Sy.No.251/A-1 situated at Palamakula Village, Nunganoor Mandal, Siddipet District. Considering the punishment prescribed for the offences alleged against the petitioner, the Investigating Officer has served notice on 24.02.2022 under Section 41-A Cr.P.C. According to G. Kiran Kumar Reddy, learned counsel, the petitioner has appeared before the Investigating Officer in compliance of the said notice and submitted all the documents. The only apprehension of the petitioner herein is that the Investigating Officer without considering the said documents is trying to apprehend the petitioner herein.
4. In view of the above discussion, this Criminal Petition is disposed of directing the Investigating Officer in Crime.No.22 of 2022, pending on the file of Station House Officer, Rajagopal Pet, Siddipet District, 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. Till completion of 1 (2014) 8 SCC 273 3 investigation and filing of final report, the Investigating Officer is further directed not to arrest the petitioner herein. However, the petitioner shall cooperate with the Investigating Officer by furnishing information and documents as sought by him in concluding the investigation.
Miscellaneous Petitions, if any, pending, shall also stand closed.
__________________ K. LAKSHMAN, J Date: 28.03.2022 dv