Telangana High Court
Mohammed Yaseen vs The State Of Telangana And Another on 23 March, 2021
Author: K. Lakshman
Bench: K. Lakshman
HONOURABLE SRI JUSTICE K. LAKSHMAN
CRIMINAL PETITION No.2396 OF 2021
ORDER (ORAL):
This Criminal Petition, under Section 482 of the Code of Criminal Procedure, 1973 (for short 'Cr.P.C.'), is filed by the petitioner - accused No.2 seeking to quash the proceedings against him in Crime No.3 of 2021 pending on the file of the Station House Officer, Kanchanbagh Police Station, Hyderabad. The petitioner herein is accused No.2 in the said Crime. The offences alleged against the petitioner are under Sections 384, 323 and 506 read with Section 34 of the Indian Penal Code, 1860 (for short 'IPC').
2. Heard Sri Elison Arikatla, learned counsel for the petitioner, and learned Assistant Public Prosecutor for the State. Perused the record.
3. A perusal of the complaint dated 08.01.2021 would reveal that there are financial disputes between the petitioner and respondent No.2 with regard to an amount of Rs.40,00,000/- (Rupees forty lakhs). According to the learned counsel for the petitioner, respondent No.2 has executed documents in August 2020, but not in January 2021 as alleged in the complaint. According to him, execution of documents is videographed by metadata on 25.08.2020. He is ready to produce the same before the investigating officer. 2
4. In view of the above aspects and also the aspects that the punishment prescribed for the offences alleged against the petitioner is imprisonment of seven years or below seven years, the Investigating Officer in Crime No.3 of 2021 pending on the file of Kanchanbagh Police Station, Hyderabad, is directed to strictly follow the procedure prescribed in Section 41-A of Cr.P.C. and also the guidelines issued by the Apex Court in Arnesh Kumar v. State of Bihar1. However, it is made clear that the investigation may go on and the petitioner shall cooperate with the Investigating Officer by submitting the information and the documents, if any, as required by him in concluding the investigation.
5. With the above directions, the criminal petition is disposed of, at the admission stage itself.
As a sequel thereto, miscellaneous petitions, if any, pending, in the criminal petition stand closed.
________________ K. LAKSHMAN, J March 23, 2021.
PV 1 (2014) 8 SCC 273