Telangana High Court
Mr.Syed Arif vs The State Of Telangana And Another on 22 June, 2021
Author: K.Lakshman
Bench: K.Lakshman
THE HON'BLE JUSTICE K.LAKSHMAN
CRIMINAL PETITION No.4596 OF 2021
ORDER:
This Criminal Petition is filed, under Section 482 of the Code of Criminal Procedure, 1973 (for short 'Cr.P.C.'), by the petitioner/A.3 to quash proceedings in Cr.No.177 of 2021 pending on the file of the Station House Officer, Bahadurpura Police Station, Hyderabad. The offences alleged against the petitioner are under Sections 447 and 506 read with 34 of IPC.
2. Heard Sri Nazir Ahmed Khan, learned counsel for the petitioner/A.3 and learned Public Prosecutor and perused the record.
3. In the complaint dated 01.06.2021, the allegation against the petitioner herein is that he along with other accused trespassed into the property on 12.06.2021, damaged the said plot and tried to grab the said plot. All the allegations are general in nature and there is no specific allegation against the petitioner herein.
4. Learned Public Prosecutor, on instructions, would submit that the petitioner herein/A.3 involved in one more crime vide Cr.No.118 of 2021 for the offences under Sections 448, 427 and 506 read with Section 34 of IPC. In the said case, the Police have completed investigation and filed charge sheet and the same was taken on file and numbered as C.C.No.14 of 2021.
5. Considering the said facts and also the fact that the offences alleged against the petitioner herein are bailable offences and there are several aspects to be investigated into by the 2 Investigating officer during the course of investigation, the Criminal Petition is disposed of directing the Investigating Officer in Cr.No.177 of 2021 pending on the file of the Station House Officer, Bahadurpura Police Station, Hyderabad, to strictly follow the procedure laid down 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. The Investigating Officer is also directed not to arrest the petitioner till completion of investigation and filing of final report. The petitioner herein/A.3 shall cooperate with the Investigating Officer, by furnishing information and documents as sought by him in conducting the investigation.
Miscellaneous Petitions, pending if any, shall stand closed.
________________________ JUSTICE K.LAKSHMAN Date:22-06-2021 vvr 1 (2014) 8 SCC 273