Telangana High Court
Amethi Praveen Kumar And 2 Others vs The State Of Telangana And Anothers on 11 June, 2021
Author: K. Lakshman
Bench: K.Lakshman
THE HONOURABLE SRI JUSTICE K.LAKSHMAN
CRIMINAL PETITION No.4150 OF 2021
ORDER:
This Criminal Petition is filed under Section - 482 of the Code of Criminal Procedure, 1973 (for short 'Cr.P.C.') to quash the proceedings in Cr.No.140 of 2021 pending on the file of the Station House Officer, Sadasivapet, Medak district. The petitioners herein are accused Nos.1 to 3 and the offences alleged against them are under Sections 447, 427 and 506 read with 34 of IPC.
2. Heard Sri Ravi Kiran, learned counsel for the petitioners and learned Public Prosecutor and perused the record.
3. A perusal of the complaint, dated 06.05.2021 would reveal that there are disputes between the petitioners and the 2nd respondent with regard to land in Sy.Nos.223, 216 and 224 admeasuring Ac.30-03guntas situated at Nandikandi village, Sadasivapet Mandal, Sanga Reddy district. There are allegations of non- payment of amount of Rs.30,00,000/-. There is no mention in the complaint about the date on which the petitioners entered into the land of the 2nd respondent.
4. Therefore, the allegations made against the petitioners herein require investigation by zthe Investigating Officer.
5. Considering the said facts and also the fact that the offences alleged against the petitioners herein are bailable offences, the Criminal Petition is disposed of directing the Station House Officer/Investigating Officer, Sadasivapet Police Station in Cr.No.140 of 2021 to strictly follow the procedure laid down under Section 41-A of Cr.P.C., and also the guidelines issued by the Apex 2 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 shall cooperate with the Investigating Officer, by furnishing information and documents as sought by him in conducting the investigation.
Miscellaneous Petitions, if any, pending, shall also stand closed.
__________________ K. LAKSHMAN, J Date: 11.06.2021 vvr 1 (2014) 8 SCC 273