Telangana High Court
Induri Raj Kumar And Another vs The State Of Telangana And Another on 2 February, 2021
Author: K. Lakshman
Bench: K.Lakshman
THE HONOURABLE SRI JUSTICE K.LAKSHMAN
CRIMINAL PETITION No.267 OF 2021
ORDER:
This Criminal Petition is filed under Section 482 Cr.P.C. seeking to quash the proceedings in Crime No.6 of 2021 pending on the file of Nannel Police Station, Ramagundam District, registered under Sections 447, 427 read with Section 34 IPC against the petitioners-A.1 and A.2.
Heard the learned counsel for the petitioners as well as the learned Public Prosecutor.
Perused the record.
A perusal of the complaint would reveal that there are disputes between the petitioners and the second respondent with regard to land admeasuring Ac.2-38 guntas situated at Nandulapalli village shivar, Nannel Mandal, Mancherial District. According to the petitioners, the land is in Sy.No.169/2 and according to the second respondent the land is situated in Sy.No.169/1A/1. The first petitioner herein has filed a suit in O.S.No.1 of 2021 on the file of learned Junior Civil Judge, Bellampalli, and the learned Junior Civil Judge has granted an injunction restraining the second respondent from interfering with the above suit property in Sy.No.169/2 vide order dated 06.01.2021 in I.A.No.12 of 2021 in O.S.No.1 of 2021. According to the learned counsel for the petitioners, the said injunction order is subsisting even as on today. At the instance of the second respondent, the police have registered three crimes against the petitioners herein including the present crime and Crime No.7 of 2021. Thus, the above facts would reveal that there are disputes 2 between the petitioners and the second respondent, which are civil in nature with respect to the above said property.
Considering the said facts and also the fact that the punishment for the offences alleged against the petitioners herein are bailable, this criminal petition is disposed of directing the Investigating Officer in Crime No.6 of 2021 pending on the file of Nannel Police Station, Ramagundam District, to strictly follow the procedure laid down under Section 41-A of Cr.P.C. and also the guidelines issued by the Hon'ble Apex Court in a decision reported in ARNESH KUMAR V/s. STATE OF BIHAR1. Till completion of the investigation and filing of the final report, the Investigating Officer is further directed not to arrest the petitioners herein. However, it is made clear that the petitioners shall cooperate with the Investigating Officer by producing necessary information as sought by the Investigating Officer in concluding the investigation.
Pending Miscellaneous Petitions, if any, shall also stand closed in the light of this final order.
__________________ K. LAKSHMAN, J Date: 02.02.2021 pgs 1 (2014) 8 SCC 273