Telangana High Court
Sri Nimma Srinivasa Reddy vs State Of Telangana And Another on 12 October, 2020
Author: K. Lakshman
Bench: K. Lakshman
THE HONOURABLE SRI JUSTICE K. LAKSHMAN
CRIMINAL PETITION No.4917 OF 2020
ORDER:
This application is filed under Section 482 Cr.P.C., to quash the proceedings in Crime No.289 of 2020, pending on the file of Station House Officer, I-Town Police Station, Siddipet, Siddipet district. The petitioner is sole Accused in the above said crime. The offence alleged against the petitioner is under Sections 420 and 506 IPC.
2. Heard the learned counsel for petitioner and the learned Public Prosecutor and perused the record.
3. The allegation against the petitioner/accused is that he has alienated the property i.e. H.No.11-1-78/B/2 (new H.No.11-1-52) situated at Bharat Nagar Colony, Siddipet claiming that he is owner of the said property. Learned counsel for petitioner would submit that he is only an agreement of sale holder. The owner of the said property is Smt.I.Lakshmi. The wife of 2nd respondent sold the said property to Smt. I.Lakshmi W/o Jayaram Reddy on 30.4.2015, to which petitioner is one of witness. The said facts reveal that there are disputes between petitioner and 2nd respondent with regard to the said property, which are civil in nature.
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4. Considering the said fact, and also the fact that the punishment prescribed for the offences alleged against the petitioners is imprisonment of seven years or below seven years, the Criminal Petition is disposed of directing the Station House Officer, I-Town Police Station, Siddipet, Siddipet district, to follow the procedure laid 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 Police are further directed not to arrest the petitioner herein till completion of investigation and filing of final report.
Miscellaneous petitions pending, if any, shall stand closed.
_________________ K. LAKSHMAN, J Date: 12.10.2020 DA 1 (2014) 8 SCC 273