Telangana High Court
Maddela Prashanth Kumar vs The State Of Telangana on 28 January, 2021
Author: K. Lakshman
Bench: K. Lakshman
THE HONOURABLE SRI JUSTICE K. LAKSHMAN
CRIMINAL PETITION No.36 OF 2021
ORDER:
This petition is filed under Section 482 Cr.P.C., to quash the proceedings in Crime No.487 of 2020 on the file of Peddapalli Police Station, Peddapalli District. Petitioner is A1 in the said Crime. The offences alleged against the petitioner are under Sections 447, 427 and 506 read with 34 IPC.
2. Heard Sri Ch. Jayakrishna, learned counsel for the petitioner and the learned Public Prosecutor for the State.
3. A perusal of the complaint dated 07.12.2020 would reveal that there are disputes between the petitioner and the 2nd respondent with regard to the land to an extent of 167 sq. yards in Sy. No.140 situated at Rangampalli Village, Peddapalli District.
4. According to the learned counsel for the petitioner the alleged incident took place on 05.12.2020, the 2nd respondent has lodged the complaint on 07.12.2020 and whereas the FIR was registered on 06.12.2020 itself. Thus, there are several factual aspects to be investigated into by the Investigating Officer. It appears that the disputes between the petitioner and the 2nd respondent are civil in nature with regard to the above said land.
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5. Considering the said aspects and also the fact that the punishment for the offences alleged against the petitioner is seven years and below seven years, this Criminal Petition is disposed of directing the Investigating Officer in Crime No.487 of 2020 on the file of Peddapalli Police Station, Peddapalli District, to follow the procedure laid down under Section 41-A Cr.P.C., and also the guidelines issued by the Hon'ble Apex Court in Arnesh Kumar v. State of Bihar and another1. Till completion of investigation and filing of charge sheet, the Police are directed not to arrest the petitioner. The petitioner shall cooperate with the Investigating Officer in all respects in concluding the investigation of the crime.
Miscellaneous petitions, pending if any, shall stand closed.
_________________ K. LAKSHMAN, J January 28, 2021 KTL 1 (2014) 8 SCC 273