Telangana High Court
G.Sreenivasulu Reddy vs The State Of Telangana on 19 July, 2021
Author: K. Lakshman
Bench: K. Lakshman
THE HONOURABLE SRI JUSTICE K. LAKSHMAN
CRIMINAL PETITION No.5513 of 2021
ORDER:
This criminal petition is filed seeking to quash the proceedings in Crime No.826 of 2021 pending on the file of Miyapur Police Station, Cyberabad Commissionerate, registered for the offences punishable under Sections 447, 427, 323, 504 and 506 read with 34 of I.P.C.
2. Heard the learned counsel for the petitioner and the learned Public Prosecutor. Perused the record.
3. As per the complaint, dated 04.07.2021, the allegation against the petitioner herein/accused No.1 is that he along with 15 to 20 people trespassed into the subject property and threatened the de facto complainant/security. There are disputes pending between the M/s.PCH Retail Limited and M/s.Blueray Trading Private Limited. A suit, vide O.S.No.849 of 2014, filed by M/s.PCH Retail Limited against M/s.Blueray Trading Private Limited seeking cancellation of registered sale deed is pending. The petitioner herein is also lodged a complaint on 27.06.2021 and the same was not registered by the police. The said facts would reveal that there are disputes between Nirvir Capital Consultant LLP, to which the petitioner herein is a designated partner, and the said M/s.Blueray Trading Private Limited. Thus, there are several factual aspects to be investigated into by the 2 Investigating Officer during the course of investigation. All the offences alleged against the petitioner herein are bailable offences.
4. Considering the said facts, the Criminal Petition is disposed of directing the Investigating Officer in Crime No.826 of 2021 pending on the file of Miyapur Police Station, Cyberabad Commissionerate, to 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 petitioner shall co-operate with the investigating officer by furnishing the information and documents as sought by him in concluding the investigation. Till completion of investigation and filing of charge sheet, the Investigating Officer is directed not to arrest the petitioner herein.
Miscellaneous applications, pending if any, shall stand closed.
__________________ K. LAKSHMAN, J Date: 19.07.2021 mar 1 (2014) 8 SCC 273