Telangana High Court
Nevuri Laxmi, And Another vs The State Of Telangana, And Another on 4 March, 2022
Author: K. Lakshman
Bench: K. Lakshman
THE HONOURABLE SRI JUSTICE K. LAKSHMAN
CRIMINAL PETITION No.1928 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.388 of 2021, pending on the file of Station House Officer, Sulthanabad Police Station, Peddapalli District. The petitioners herein are accused in the said crime. The offences alleged against them are under Sections 447, 427 and 506 read with 34 of IPC.
2. Heard the learned counsel for the petitioners and learned Public Prosecutor for the respondent-State. Perused the record.
3. The 2nd respondent claims to be the owner of the land in Sy.Nos.938, 939, 941, 016 situated in Sulthanabad Village and Mandal, Peddapalli District and that the petitioners herein trespassed into the said land and tried to construct a boundary wall. There is also a specific allegation that petitioners herein have damaged old boundary stone. Referring to the plaint, learned counsel for the petitioners would submit that the petitioners and others are the owners of 2 the land in Sy.No.940 of the very same village. The said facts would reveal that there are disputes with regard to identification of the said property itself. A suit vide O.S.No.3 of 2022, is pending with regard to the said land. There is an interim injunction granted by the Court below in I.A.No.6 of 2022 in O.S.No.3 of 2022. Thus, there are several factual aspects to be investigated into by the Investigating Officer during the course of investigation. The offences alleged against the petitioners herein are bailable offences and the punishment prescribed for the said offences is below seven years.
4. In view of the above discussion, this Criminal Petition is disposed of directing the Investigating Officer in Crime.No.388 of 2021, pending on the file of Station House Officer, Sulthanabad Police Station, Peddapalli 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. The petitioners shall cooperate with the Investigating Officer by furnishing information and documents as sought by him in concluding 1 (2014) 8 SCC 273 3 the investigation. The Investigating Officer is further directed not to harass the petitioners herein under the guise of investigation.
Miscellaneous Petitions, pending if any, shall stand closed.
__________________ K. LAKSHMAN, J Date: 04.03.2022 dv