Telangana High Court
Jonnalagadda Koteswar Rao And 2 Others vs The State Of Telangana And Another on 1 March, 2021
Author: K. Lakshman
Bench: K. Lakshman
THE HONOURABLE SRI JUSTICE K. LAKSHMAN
CRIMINAL PETITION No.1224 OF 2021
ORDER:
This Criminal Petition is filed under Section 482 Cr.P.C. seeking to quash the proceedings in Crime No.451 of 2019 pending on the file of Paloncha Town Police Station, Bhadradri-Kothagudem District.
The petitioners herein are A.1 to A.3 in the above crime. The offences alleged against the petitioners are under Sections 447, 427, 294(b), 323, 506 read with Section 34 IPC.
Heard the learned counsel for the petitioners and the learned Public Prosecutor.
Perused the record.
From the record, it is revealed that the second petitioner herein had filed a suit in O.S.No.40 of 2016 on the file of the learned Principal Junior Civil Judge, Kothagudem, against the second respondent herein for perpetual injunction. The same was ended in compromise before the Lok Adalat. An Award was passed on 26.03.2016. Thereafter, on the complaint lodged by the second petitioner herein, the Police Paloncha Town had registered a case in Crime No.222 of 2019 against the second respondent herein and others for the offences under Sections 447 and 427 IPC. On the complaint lodged by the second respondent herein, the very same Police have registered a case in Crime No.451 of 2019 against the petitioners herein. Though the crime was registered on 23.10.2019, the Police have not completed the investigation so far and they have not filed final report. A perusal of complaint dated 23.10.2019 would reveal that both the petitioners and the second respondent 2 are neighbours and there is a dispute between them with regard to compound wall.
In view of the same, there are several factual aspects to be investigated into by the Investigating Officer.
Considering the said facts, this Criminal Petition is disposed of directing the Investigating Officer in Crime No.451 of 2019 pending on the file of Paloncha Town Police Station, Bhadradri- Kothagudem 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 Apex Court in a decision reported in ARNESH KUMAR V/s. STATE OF BIHAR1. Till completion of the investigation and filing of final report, the Investigating Officer is further directed not to arrest the petitioners herein. However, it is made clear that the petitioners shall cooperate with the Investigating Officer in concluding the investigation by furnishing the relevant documents as sought by the Investigating Officer.
Pending Miscellaneous Petitions, if any, shall also stand closed in the light of this final order.
__________________ K. LAKSHMAN, J Date: 01.03.2021 pgs 1 (2014) 8 SCC 273