Telangana High Court
Pati Jalandar Reddy vs The State Of Telangana on 8 November, 2022
Author: Chillakur Sumalatha
Bench: Chillakur Sumalatha
THE HON'BLE Dr.JUSTICE CHILLAKUR SUMALATHA
CRIMINAL PETITION No.9848 OF 2022
ORDER:-
1. Heard the submission of the learned counsel for the petitioners as well as the learned Additional Public Prosecutor representing Respondent No.1.
2. In the light of the limited request made, issuance of notice to Respondent No.2 is felt not necessary.
3. Seeking the Court to quash the proceedings that are pending against the petitioners, who are arrayed as Accused Nos.1 & 3 in Crime No.5 of 2022 of Thungathurthy Police Station, Suryapet District, the present Criminal Petition is filed.
4. Learned counsel for the petitioners states that the 2nd respondent is in the habit of foisting false cases against the petitioners and he is giving series of complaints. Learned counsel further submits that the dispute is purely civil in nature. Learned counsel also states that there is inordinate delay in giving complaint to police which is bad in law. However, learned counsel states that the petitioners may be protected from arbitrary arrest. 2
Dr.CSL,J Crl.P.No.9848_2022 Learned counsel also seeks indulgence of this Court to direct the police to receive all the documents that would be produced by the petitioners/Accused Nos.1 & 3 regarding the dispute in question so that police may properly investigate the case.
5. Having considered the said submission and upon hearing the learned Additional Public Prosecutor, the Criminal Petition is disposed of with the following directions:
(i) The Station House Officer, Thungathurthy Police Station /Investigating Officer shall not effect arrest of the petitioners/Accused Nos.1 & 3 without following the procedure established by law.
(ii) The Station House Officer, Thungathurthy Police Station /Investigating Officer, shall adhere to the requirement to follow Section 41-A Cr.P.C except under the circumstances mentioned under Sections 41(1) and 41-A (4) Cr.P.C.
(iii) The guidelines issued by the Hon'ble Apex Court in Arnesh Kumar Vs. State of Bihar 1 shall be followed.
(iv) The Station House Officer, Thungathurthy Police Station /Investigating Officer shall not insist upon 1 (2014) 8 SCC 273 3 Dr.CSL,J Crl.P.No.9848_2022 the personal appearance of the petitioners/Accused Nos.1 & 3 during the course of investigation, except where their personal appearance is required.
(v) In case the personal appearance of the petitioners/Accused Nos.1 & 3 is required, the same shall be communicated to them in writing indicating the reasons for which their personal appearance is sought.
(vi) However, it is made clear that the Investigation may go on.
(vii) That the petitioners/Accused Nos.1 & 3 shall cooperate with the police during the process of investigation.
(viii) The Station House Officer, Thungathurthy Police Station /Investigating Officer, is directed to receive the documents, if any, produced by the petitioners/Accused Nos.1 & 3 regarding the subject matter which is under investigation. In case such documents are produced, the same may be taken into consideration basing on the theory of reliability.
6. As a sequel thereto, miscellaneous petitions pending, if any, shall stand closed.
________________________________________ Dr.JUSTICE CHILLAKUR SUMALATHA Dt.08.11.2022 ysk 4 Dr.CSL,J Crl.P.No.9848_2022 5 Dr.CSL,J Crl.P.No.9848_2022 THE HON'BLE Dr.JUSTICE CHILLAKUR SUMALATHA CRIMINAL PETITION No.9848 OF 2022 Dt.08.11.2022 ysk