Telangana High Court
Ravinder Reddy Udem vs The State Of Telangana And Another on 21 April, 2023
1
THE HONOURABLE SRI JUSTICE K.SURENDER
CRIMINAL PETITION No.1566 OF 2021
ORDER:
This Criminal Petition is filed under Section 482 of the Code of Criminal Procedure, 1973 (for short 'Cr.P.C.') by the petitioner- accused to quash the proceedings initiated against him in respect of FIR No.118 of 2021 pending on the file of Station House Officer, Siddipet Rural Police Station, Siddipet District, filed for the offences punishable under Sections 327, 447, 427, 504 and 506 of Indian Penal Code (for short "IPC").
2. Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the respondent - State. Perused the material on record.
3. This Court by order dated 08.03.2021 passed the following order:
" Sri Mohd. Asifuddin, learned counsel for the petitioner, would submit that the petitioner herein is the absolute owner and possessor of Open Plot Nos.12/1 and 12/2 each comprises 100 square yards situated in Sy.No.62, Burgupally Village, Siddipet Mandal, now Siddipet District, which 2 were purchased by him under registered sale deed bearing Document No. 8427 of 2018 dated 19-07-2018 for a valid and agreed sale consideration. He would further submit that the petitioner herein had filed a suit in O.S. No. 217 of 2018 on the file of the learned Principal Junior Civil Judge, Siddipet, against the second respondent herein and another seeking perpetual injunction and also for declaration. The learned Principal Junior Civil Judge vide its order dated 28-02-2019 in I.A.No.756 of 208 in O.S.No.217 of 2018 granted interim injunction restraining the second respondent herein and another from interfering in the peaceful possession and enjoyment of the petitioner herein over the above said property. It is a contested matter.
A perusal of the complaint dated 15-02-2021 filed by the second respondent herein would reveal that he had suppressed about granting of interim order by the Court below.
In view of the above, the matter requires examination. Therefore, there shall be stay of all further proceedings including arrest of the petitioner herein in Crime No.118 of 2021 pending on the file of Siddipet Rural Police Station, Siddipet District."
4. At this juncture, even though the crime is of the year 2021, still it is pending, this Court deems it appropriate to direct the Investigating Officer in respect of FIR No.118 of 2021 of Siddipet Rural Police Station, Siddipet District, to conclude the investigation as expeditiously as possible, without arresting the petitioner - accused, by considering the civil disputes pending between the 3 parties and also interim injunction granted in favour of the petitioner. Further, the petitioner shall co-operate with the Investigating Officer as and when required for the purpose of investigation.
5. Accordingly, the Criminal Petition is disposed of.
Miscellaneous applications pending, if any, shall stand closed.
_____________ K.SURENDER, J Date: 21.04.2023 rev