Telangana High Court
Chinthapally Bikshamaiah And Another vs The State Of Telangana And 3 Others on 7 December, 2021
Author: K. Lakshman
Bench: K. Lakshman
THE HONOURABLE SRI JUSTICE K. LAKSHMAN
CRIMINAL PETITION No.9164 of 2021
ORDER:
This Criminal Petition is filed under Section 482 Cr.P.C., to quash the proceedings in Crime No.217 of 2021 of Gurampode Police Station, registered for the offences under Sections 420, 463, 464, 468, 470 and 503 of IPC. The petitioners herein are accused Nos.1 and 2 in the said Crime.
2. Heard Sri Gajanand Chakravarthy, learned counsel for the petitioners and learned Public Prosecutor. Perused the Record.
3. Respondent Nos.2 to 4 have file a complaint under Section 200 of Cr.P.C., and the same was referred to Gurampode Police Station, who in turn registered the present crime against the petitioners herein. The allegation against the petitioners herein is that they have created a false document with forged signature of the original pattedar and got pattedar pass books illegally.
4. Learned counsel for the petitioners would submit that the petitioners herein are the absolute owners and possessors of land admeasuring Ac.4-00 gts., in Sy.No.7/1 of Bollaram village, Gurrampode Mandal, Nalgonda District. The 2nd respondent herein has also filed O.S.No.192 of 2019 against un-official respondents. The said suit for perpetual injunction 2 was decreed on 05-03-2020. The said facts would reveal that there are disputes between the petitioners and respondent Nos.2 to 4 with regard to above said property. Thus, there are several factual aspects to be investigated into by the Investigating Officer during the course of investigation and he has to collect documentary evidence.
5. Considering the said facts and also the fact that the offences alleged against the petitioners herein is bailable offences and the punishment prescribed for the same is below 7 years, this Criminal Petition is disposed of, directing the Investigating Officer in Crime No.217 of 2021 of Gurampode 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. The petitioners shall cooperate with the Investigating Officer by furnishing information and documents as sought by him in concluding the investigation. It is also made clear that the Investigating Officer shall not harass the petitioners herein under the guise of investigation.
As a sequel, miscellaneous petitions, if any, pending in the criminal petition shall stand dismissed.
___________________ K. LAKSHMAN, J December 07, 2021 PN 1 (2014) 8 SCC 273 3 THE HONOURABLE SRI JUSTICE K. LAKSHMAN CRIMINAL PETITION No.9164 of 2021 December 07, 2021 PN