Telangana High Court
Thumula Namba Rao And Another vs The State Of Telangana And 2 Others on 9 October, 2020
Author: K. Lakshman
Bench: K. Lakshman
THE HONOURABLE SRI JUSTICE K. LAKSHMAN
CRIMINAL PETITION No.4834 OF 2020
ORDER:
This application is filed under Section 482 of Cr.P.C., to quash the proceedings in Crime No.389 of 2020, pending on the file of the Peddapalli Police Station, Peddapalli District. The petitioners are A-1 and A-2 in the above said crime. The offences alleged against the petitioners are under Sections 447, 427 and 506 read with Section 34 of IPC.
2. Heard learned counsel for the petitioners and learned Public Prosecutor. Perused the record.
3. Learned counsel for the petitioners would submit that respondent No.2 is the Circle Inspector of Police, Peddapalli Police Station and he is threatening the petitioners herein to settle the matter with respondent No.2. He is trying to interfere in the civil dispute by harassing the petitioners and therefore, the petitioners have filed W.P.No.17740 of 2020 before this Court and the same is pending.
4. The allegation against the petitioners is that they have trespassed into the land admeasuring Ac.0-13 guntas of respondent Nos.2 and 3. In the complaint dated 04.10.2020, respondent Nos.2 and 3 have not mentioned any dates and the allegations appear to be vague. In the complaint dated 04.10.2020, it is also mentioned that respondent No.3 has 2 asked the petitioners about the said illegal trespass and the petitioners have informed that they have never trespassed into the property. The said aspects would reveal that there are disputes between the petitioners and respondent No.3 which are civil in nature with regard to the said land.
5. Considering the said aspects, and also the fact that the imprisonment prescribed for the offences alleged against the petitioners are below seven years, this Criminal Petition is disposed of directing the Police, Peddapalli Police Station, Peddapalli District, to follow the procedure laid 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 Police are directed not to arrest the petitioners till the completion of investigation and filing of charge sheet.
Miscellaneous petitions pending, if any, shall stand closed.
_________________ K. LAKSHMAN, J Date: 09.10.2020 TJMR 1 (2014) 8 SCC 273