Telangana High Court
A Narishma Raju, And 3 Others vs The State Of Telangana, And Another on 29 January, 2021
Author: K. Lakshman
Bench: K. Lakshman
THE HONOURABLE SRI JUSTICE K. LAKSHMAN
CRIMINAL PETITION No.196 OF 2021
ORDER:
This Criminal Petition is filed under Section 482 of Cr.P.C., to quash the proceedings in Crime No.4 of 2021, pending on the file of Narsapur/CCC Police Station, Mancherial District. The petitioners herein are accused Nos.1 to 4 in the above said crime. The offences alleged against the petitioners are under Sections 420, 447, 427 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 during the pendency of the present Criminal Petition, petitioner No.2/A-2 died on 19.01.2021. In view of the same, the Criminal Petition is dismissed as abated against petitioner No.2 and the proceedings in Cr.No.4 of 2021 against the petitioner/A-2 are also abated.
4. In the complaint dated 04.01.2021, the allegations against the petitioners herein are with regard to land admeasuring Ac.0-02 guntas in Sy.No.49 of Sri Sri Sri Narsapur Village, Narsapur Mandal, Mancherial District. Respondent No.2 has narrated the entire story right from 17.05.2012. Even according to respondent No.2, she has 2 purchased the land from petitioner No.1/A-1 in the year 2012. It appears that there are disputes between the petitioners and respondent No.2 with regard to purchase of the said land and sale proceeds. It is also alleged in the complaint dated 04.01.2021 that the petitioners have demolished the compound wall and also the room.
5. A perusal of the record would reveal that petitioner Nos.1 and 2 have also issued a legal notice dated 06.04.2014 to respondent No.2 and another calling upon them to desist from illegal acts of trespassing into the said property, etc.
6. In view of the fact that the disputes between the petitioners and respondent No.2 are civil in nature, and the fact that the punishment prescribed for the offences alleged against the petitioners is imprisonment of seven years or below seven years, the Criminal Petition is disposed of directing the Investigating Officer in Crime No.4 of 2021 of Narsapur/CCC Police Station, Mancherial 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 Investigating Officer is further directed not to arrest the petitioners till completion of investigation and filing of final report. They shall cooperate with the Investigating Officer in concluding the investigation 1 (2014) 8 SCC 273 3 by furnishing information and submitting the documents, as sought by the Investigating Officer. Miscellaneous petitions pending, if any, shall stand closed.
__________________ K. LAKSHMAN, J Date: 29.01.2021 TJMR