Telangana High Court
Peddapally Purushotham vs The State Of Telangana on 2 November, 2020
Author: K. Lakshman
Bench: K. Lakshman
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THE HONOURABLE SRI JUSTICE K. LAKSHMAN
CRIMINAL PETITION No.5326 OF 2020
ORDER:
This petition is filed under Section 482 of Cr.P.C., seeking to quash the proceedings in Crime No.359 of 2020 on the file of Station House Officer, Mancherial Town Police Station, Mancherial district. The petitioner is accused in the said crime. The offences alleged against him are under Sections 447,427 and 353 IPC.
2. Heard Sri S. Surender Reddy, learned counsel for the petitioner, learned Assistant Public Prosecutor and perused the record.
3. As per the complaint, dated 01.10.2020, the alleged incident took place on 27.09.2020. Thus, there is delay of three days in lodging the complaint. Learned counsel for the petitioner would submit that the public in general are using part of land in Sy.No.406 in Mancherial village and Mandal, as road since several years. The officials of Irrigation Department came and disturbed the road. Therefore, the citizens of Mancherial, including the petitioner herein, requested them not to disturb the said road and in this regard, some altercation took place between the petitioner and the defacto-complainant. Thus, the 2nd respondent/defacto-complainant implicated the petitioner in the present case.
4. In view of the above, the matter requires investigation by the Police.
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5. Considering the said facts, and also the fact that the punishment prescribed for the offences alleged against the petitioner is imprisonment for a term of seven years or below seven years, the Criminal Petition is disposed of directing the Station House Officer, Mancherial Town Police Station, Mancherial District, 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/Station House Officer is also directed not to arrest the petitioner till completion of investigation and filing of final report.
Miscellaneous petitions pending, if any, shall stand closed.
__________________ K. LAKSHMAN, J Date:02.11.2020 vvr 1 (2014) 8 SCC 273