Telangana High Court
Gorantla Ramesh vs The State Of Telangana And 2Others on 17 June, 2022
THE HON'BLE SRI JUSTICE K.SURENDER
CRIMINAL PETITION NO.5114 OF 2022
O R D E R:
This Criminal Petition is filed under Section 482 of the Code of Criminal Procedure, 1973 (for short 'Cr.P.C.') seeking to quash the proceedings in Crime No.421 of 2022, pending on the file of Raidurgam Police Station, Cyberabad. The petitioner herein is the accused No.1 in the said crime and the offences alleged against him are under Sections 406, 420, 120(b), 506 read with 34 of Indian Penal Code.
2. Heard learned Counsel for the petitioner/accused No.1 and learned Assistant Public Prosecutor for the respondent-State. Perused the record.
3. The case of the prosecution is that the respondent No.3/de facto complainant obtained loan of Rs. Rs.3.72 Crores from the petitioner/accused No.1 for developing the land admeasuring Ac.42.17 gts., owned by the respondent No.3/de facto complainant situated at Mahaboob Nagar, by executing blank promissory notes, blank cheques and by registered Agreement of Sale-cum-General Power of Attorney in favour of the petitioner/accused No.1 towards collateral security for the loan amount and they also entered into a Memorandum of Understanding and further on demand, the respondent No.3/de facto complainant had executed documents of properties at Pendyala, Thondupally and Adilabad in favour of petitioner/accused No.1. Later, 2 since disputes arose in between the respondent No.3/de facto complainant and the petitioner/accused No.1, a civil case vide O.S.No.452 of 2021 is pending in respect of implementation of Memorandum of Understanding pertaining to the development of said land and that on 13.05.2022, while the respondent No.3/de facto complainant along with his friends proceeding to Shadnagar in a Car bearing No.TS 08 GX 3747 and when they reached Khajaguda near DPS, the petitioner/accused No.1 and other accused persons stopped their car, abused in vulgar language, manhandled and warned to withdraw the pending cases filed by the complainant with dire consequences.
4. The petitioner/accused No.1 seeking quash of Crime No.421 of 2022 on the ground that all the transactions are civil in nature and they cannot be having any criminal liability, even as seen from the complaint itself. However, since the transactions mentioned have to be investigated, the Investigating Officer in Crime No.421 of 2022, on the file of K.P.H.B. Police Station, Cyberabad, is directed to follow the procedure as contemplated under Section 41-A Cr.P.C. and the guidelines formulated by the Hon'ble Supreme Court in Arnesh Kumar v. State of Bihar1 scrupulously. The investigation may go on and till completion of investigation and filing of final report, the Investigating Officer is directed not to take any coercive steps against the petitioner/accused No.1. However, the petitioner shall cooperate with 1 (2014) 8 SCC 273 3 the Investigating Officer by furnishing information and documents as sought by him in concluding the investigation. It is needless to say, any deviation in this regard will be viewed seriously.
5. The Criminal Petition is accordingly, disposed of.
6. Miscellaneous applications pending, if any, in this criminal petition, shall stand closed.
_________________ K.SURENDER, J Dt.17.06.2022 svl 4 THE HON'BLE SRI JUSTICE K.SURENDER CRIMINAL PETITION NO.5114 OF 2022 Dt.17.06.2022 svl