Telangana High Court
Lydalla Ravinder And 7 Others vs The State Of Telganana And Another on 30 September, 2020
Author: K. Lakshman
Bench: K. Lakshman
THE HONOURABLE SRI JUSTICE K. LAKSHMAN
CRIMINAL PETITION No.4557 OF 2020
ORDER:
This petition is filed under Section 482 Cr.P.C., to quash the proceedings in Crime No.46 of 2019 pending on the file of Hanamkonda Police Station, Warangal Commissionerate. Petitioners/A-1 to A-8 are accused in the said crime. The offences alleged against the petitioners are under Sections 427, 448, 290, 323 and 506 r/w.149 of IPC and Section 156(3) of Cr.P.C.
2. Heard Mr.S. Nagender, learned counsel for the petitioners as well as the learned Public Prosecutor. Perused the record.
3. The present case was registered on the complaint lodged by 2nd respondent on 22-02-2019 for the offences under Sections 427, 448, 290, 323 and 506 r/w.149 of I.P.C. and Section 156(3) of Cr.P.C. The 4th petitioner/A4 i.e., Pallepu Buchamma has lodged a complaint, dated 29-09-2018 against Thumula Raghuveer and Thumula Tharuna, son and daughter of the 2nd respondent/ defacto complainant and the Police, Hanamkonda Police Station have registered a case in Crime No.285 of 2018 for the offences under Sections 324 r/w.34 of IPC. The allegation against the petitioners herein in the present complaint is that they have illegally entered into the house of the 2nd respondent, beat with stones and construction iron sand bin (dabba), threatened the complainant and her family members with dire consequences, abused in filthy language and damaged the house property along with window 2 etc. The Deputy Commissioner, Kazipet Circle-II, has addressed a letter, dated 07-09-2018 to the Sub-Inspector of Police, Hanamkonda stating that during the course of investigation it is observed that Mr.L. Ravinder - petitioner No.1/A1 herein has started construction work and raised the steel bars at height of 3 feet approximately in his own land. The said facts would reveal that there are disputes between the petitioner and 2nd respondent, which are civil in nature.
4. Considering the said aspects and also the aspect that the punishment for the offences alleged against the petitioners is imprisonment for seven years and below seven years, this Criminal Petition is disposed of directing the Police, Hanamkonda Police Station, Warangal Commissionerate, to follow the procedure laid down under Section 41-A Cr.P.C., and also the guidelines issued by the Hon'ble Apex Court in Arnesh Kumar v. State of Bihar and another1. Till completion of investigation and filing of charge sheet, the Police are directed not to arrest the petitioners - Accused Nos.1 to 8 in the above said crime.
Miscellaneous petitions, pending if any, shall stand closed.
_________________ K. LAKSHMAN, J September 30, 2020 PN 1 (2014) 8 SCC 273 3 THE HONOURABLE SRI JUSTICE K. LAKSHMAN CRIMINAL PETITION No.4557 OF 2020 September 30, 2020 PN