THE HONOURABLE SRI JUSTICE K. LAKSHMAN
CRIMINAL PETITION No.7300 OF 2020
ORDER:
This application is filed under Section 482 Cr.P.C., to quash the proceedings in Crime No.533 of 2020, pending on the file of Alwal Police Station, Cyberabad Commissionerate. The petitioner herein is the sole accused in the above said crime. The offences alleged against the petitioner are under Sections 447 and 427 of IPC.
2. Heard learned counsel for the petitioner and learned Public Prosecutor. Perused the record.
3. A perusal of the complaint dated 10.10.2020 would reveal that there are disputes between the petitioner and respondent No.2 with regard to house property i.e., H.No.1- 30-828/2/1, situated at Shiva Nagar, Alwal. The said disputes are civil in nature. The petitioner herein has filed a suit vide O.S.No.1355 of 2017 against one L.Janardhan and another and the same was decreed by the I Additional Senior Civil Judge, Ranga Reddy District at L.B.Nagar vide judgment dated 21.08.2019. The petitioner also filed E.P.No.201 of 2020 seeking execution of the said judgment and decree in O.S.No.1355 of 2017. The said facts would reveal that there are civil disputes between the petitioner and respondent No.2. 2
4. Considering the said facts and also the fact that the offences alleged against the petitioner are bailable, the Criminal Petition is disposed of directing the Investigating Officer in Crime No.533 of 2020 of Alwal Police Station, Cyberabad Commissionerate, 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 Investigating Officer is further directed not to arrest the petitioner till completion of investigation and filing of final sheet. Miscellaneous petitions pending, if any, shall stand closed.
__________________ K. LAKSHMAN, J Date: 27.01.2021 TJMR 1 (2014) 8 SCC 273