Telangana High Court
Konakanti Suresh vs The State Of Telangana And Another on 19 November, 2020
Author: K. Lakshman
Bench: K. Lakshman
THE HONOURABLE SRI JUSTICE K. LAKSHMAN
CRIMINAL PETITION Nos.4762 & 5801 OF 2020
COMMON ORDER:
Crl.P.No.4762 of 2020 This application is filed under Section 482 Cr.P.C., to quash the proceedings in Crime No.431 of 2020, pending on the file of Khammam II Town Police Station, Khammam district.
Crl.P.No.5801 of 2020 This is an application for anticipatory bail in the very same crime i.e. Crime No.431 of 2020, on the file of Khammam II Town Police Station, Khammam district. The petitioner is Accused No.1 in the above said crime. The offences alleged against the petitioner are under Sections 420, 468, 471 r/w 34 of IPC.
2. Heard the learned counsel for petitioner and the learned Assistant Public Prosecutor and perused the record.
3. The wife of the defacto complainant has filed O.S.No.177 of 2007 on the file of Principal Junior Civil Judge, Khammam against petitioner herein and A6 for perpetual injunction. The same was compromised. In proof of the same, learned counsel for petitioner filed copy of judgment dated 7.5.2007 in O.S.No.177 of 2007. She also filed copy of sale deed dated bearing Document No.753/2012 dated 1.2.2012. The above 2 said facts would reveal that there are disputes between petitioner and defacto complainant. The same are civil in nature.
4. On consideration of the above and also the fact that the punishment prescribed for the offences mentioned in the complaint is seven (7) years and below (7) years, both the Criminal Petitions are disposed of, directing the Investigating Officer in Crime No.431 of 2020, pending on the file of Khammam II Town Police Station, Khammam district to follow the procedure under Section 41-A of Cr.P.C., and also the guidelines issued by the Apex Court in Arnesh Kumar v. State of Bihar and another1. Till completion of investigation and filing of final report, Police are directed not to arrest the petitioner herein/A1.
Miscellaneous petitions pending, if any, shall stand closed.
_________________ K. LAKSHMAN, J Date: 19.11.2020 DA 1 (2014) 8 SCC 273