THE HONOURABLE SRI JUSTICE K. LAKSHMAN
CRIMINAL PETITION Nos.4356 and 4357 of 2021
COMMON ORDER:
These two criminal petitions are filed seeking to quash the
proceedings in Crime No.19 of 2021 and Crime No.34 of 2021
pending on the file of Alair Police Station, Rachakonda
Commissionerate, registered for the offences punishable under
Sections 447, 427 and 353 read with 34 of IPC respectively.
Heard the learned counsel for the petitioners and the learned
Public Prosecutor.
Perused the record.
On the complaint, dated 18.01.2021, lodged by the 2nd
respondent i.e., Tahasildar, Alair Mandal, the police have registered
Crime No.19 of 2021 and on the complaint, dated 06.02.2021, the police have registered Crime No.34 of 2021.
A perusal of the record would reveal that the 2nd respondent has granted house site patta certificates in the village in the year 1997 itself. Now the allegation against the petitioners herein is that as per the terms of the said patta certificates, they have to construct the houses within one year from the date of said patta certificates and they have not constructed the houses. Thus, there is violation of the terms of the said patta certificates. In the complaints, dated 18.01.2021 and 06.02.2021, there is no mention that the said patta certificates were cancelled by following the due procedure laid down under law on the 2 KL, J Crl.P.Nos.4356 & 4357 of 2021 ground that the petitioners have violated the conditions of the said patta certificates.
Sri N.S.Arjun Kumar, learned counsel for the petitioners, referring to the complaints, dated 18.01.2021 and 06.02.2021, would submit that the contents in both the complaints lack the ingredient of Section 353 of I.P.C. There is no assault and there is no criminal force used by the petitioners in both the criminal petitions against the 2nd respondent, as per the contents of the said complaints. Therefore, the very complaints are not maintainable. In support of his contention, he placed reliance of the judgment of the Apex Court in Manik Taneja and another v. State of Karnataka and another1. Referring to the judgment of the Apex Court in T.T.Antony v. State of Bihar2, learned counsel for the petitioners, would submit that on the very same allegations between the very same parties, registration of the second crime i.e., Crime No.34 of 2021, is impermissible. Thus, there are several factual aspects to be investigated into by the Investigating Officer during the course of investigation.
Considering the said facts and also the punishment prescribed for the offences alleged against the petitioners, the Criminal Petitions are disposed of directing the Police, Alair P.S., Rachakonda Commisionerate, to follow the procedure laid down 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 another3. The petitioners 1 (2015) 7 SCC 423 2 SLP (crl.) No.1522 of 2000 3 (2014) 8 SCC 273 3 KL, J Crl.P.Nos.4356 & 4357 of 2021 shall co-operate with the Investigating Officer by furnishing the information and documents as sought by the Investigating Officer in concluding the investigation.
Pending miscellaneous applications in both the criminal petitions, if any, shall stand closed.
__________________ K. LAKSHMAN, J Date:11.06.2021 mar