Telangana High Court
Uppu Kumaraswamy vs State Of Telangana on 6 January, 2022
Author: K. Lakshman
Bench: K. Lakshman
THE HONOURABLE SRI JUSTICE K. LAKSHMAN
CRIMINAL PETITION No.133 of 2022
ORDER:
This Criminal Petition is filed under Section 482 Cr.P.C., to quash the proceedings in Crime No.484 of 2021 of Peddapalli Police Station, registered for the offences under Sections 420, 290 and 506 r/w.34 of IPC. The petitioner herein is accused No.3 in the said Crime.
2. Heard learned counsel for the petitioner and learned Public Prosecutor. Perused the Record. With their consent this Criminal Petition is disposed of, at the admission stage.
3. A per the complaint dated 06-12-2021, prima facie there are no allegations much less specific allegations against the petitioner herein / A-3. The petitioner herein / A-3 is the son of A-1 and brother of A-2. A-2 has executed a registered sale deed bearing document No.62/2018, dated 05-01-2018 in favour of the defacto complainant. Thus, there are several factual aspects to be investigated into by the Investigating Officer during the course of investigation including the disputes between A-2 and 2nd respondent with regard to property in Sy.No.224/E admeasuring 474.44 Sq. Yards situated at Rangampalli village, Peddapalli Mandal and 2 District. The punishment prescribed for the offences alleged against the petitioner herein is below 7 years.
4. In view of the above said discussion, this Criminal Petition is disposed of, directing the Investigating Officer in Crime No.484 of 2021 of Peddapalli Police Station, to strictly follow the procedure prescribed in Section 41-A of Cr.P.C. and also the guidelines issued by the Hon'ble Apex Court in Arnesh Kumar v. State of Bihar1. Till completion of investigation and filing of final report, the Investigating Officer is further directed not to arrest the petitioner herein / A-3. The petitioner shall cooperate with the Investigating Officer by furnishing information and documents as sought by him in concluding the investigation.
As a sequel, miscellaneous petitions, if any, pending in the criminal petition shall stand dismissed.
___________________ K. LAKSHMAN, J January 06, 2022 PN 1 (2014) 8 SCC 273 3 4 HONOURABLE SRI JUSTICE K. LAKSHMAN CRIMINAL PETITION No.133 of 2022 January 06, 2022 PN