Telangana High Court
Vemula Sathish vs State Of Telangana And Another on 5 January, 2022
Author: K. Lakshman
Bench: K. Lakshman
1
THE HONOURABLE SRI JUSTICE K. LAKSHMAN
CRIMINAL PETITION No.97 OF 2022
ORDER:
Heard Sri E.Ramesh Chandra Goud, learned counsel for the petitioner and learned Public Prosecutor. Perused the record.
2. In the complaint lodged by the 2nd respondent, dated 04.12.2021, the Police Peddapalli Police Station have registered a case in Cr.No.482 of 2021 for the offences under Sections 447, 420, 427 and 506 read with 34 IPC. The petitioner herein has also lodged a complaint against the 2nd respondent on 13.12.2021 and despite receiving the same, the Police did not act upon it. Perusal of both the complaints would reveal that there are disputes between the petitioner and the 2nd respondent with regard to the property in Sy.No.224/E situated at Rangampalli village, Peddapalli Mandal.
3. Thus, there are several factual aspects to be investigated into by the Investigating Officer during the course of investigation including the allegations made by the 2nd respondent in the said complaint, dated 04.12.2021.
4. According to Sri E.Ramesh Chandra Goud, learned counsel for the petitioner, the land claimed by the 2nd respondent is different from the land claimed by the petitioner herein and he places reliance on the registered sale deed bearing Document No.8622 of 2021 dated 04.08.2021 through which the petitioner herein had purchased the land admeasuring 1893 sq.yards in Sy.No.224/E of the said village. Again it is a factual 2 aspect to be investigated into by the Investigating Officer during the course of investigation.
5. Considering the said facts and also the fact that the punishment prescribed for the offences levelled against the petitioner herein is below 7 years, this Criminal Petition is disposed of directing the Station House Officer/Investigating Officer, Peddapalli Police Station, Peddapalli District, in Cr.No.482 of 2021, 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. The petitioner shall cooperate with the Investigating Officer, by furnishing information and documents sought by him in completing investigation.
6. Miscellaneous petitions pending, if any, shall stand closed.
__________________ K. LAKSHMAN, J Date:05.01.2022 vvr 1 (2014) 8 SCC 273