THE HONOURABLE SRI JUSTICE K. LAKSHMAN
CRIMINAL PETITION No.998 OF 2021
ORDER:
This petition is filed under Section 482 Cr.P.C. seeking to quash the proceedings in Crime No.16 of 2021 on the file of Medipally Police Station, Rachakonda District, registered under Sections 420, 406, 447, 427 read with Section 34 IPC. The petitioners herein are Accused Nos.1 to A.3 in the above said crime.
Heard the learned counsel for the petitioners as well as the learned Public Prosecutor.
Perusal of the record would reveal that Defence Personal Co-operative House Building Society Limited and others filed a suit in O.S.No.1183 of 2000 on the file of the learned Principal Junior Civil Judge, Ranga Reddy District, against the vendors of the petitioners herein for perpetual injunction and the same was dismissed vide judgment and decree dated 03.12.2007. In the said judgment, there is a specific finding that the plaintiffs therein miserably failed to prove that they are in possession of the schedule property on the date of the suit. According to the learned counsel for the petitioners, the said judgment attained finality and no appeal is preferred. He has also filed copies of documents including the sale deeds, gift deeds as well as the LRs proceedings. The petitioners have also filed photo copies of electricity bills etc to show that they are in possession of the property.
2
The Investigating Officer has issued notice to the petitioners under Section 41-A Cr.P.C. and they have already submitted their explanation on 05.02.2021. According to the learned counsel for the petitioners, though the petitioners have submitted all the supporting documents, even without appreciating the same, the Investigating Officer in Crime No.16 of 2021 is trying to apprehend the petitioners herein.
The above facts would reveal that there are disputes between the petitioners and the second respondent with regard to the said property.
Considering the above stated facts and also the fact that the punishment prescribed for the offences alleged against the petitioners is imprisonment for a term of seven years or below seven years, this Criminal Petition is disposed of directing the Investigating Officer in Crime No.16 of 2021 on the file of Medipally Police Station, Rachakonda District, to consider the reply dated 05.02.2021 submitted by the petitioners to the notice issued under Section 41-A Cr.P.C. Till completion of the investigation and filing of final report, the Investigating Officer is further directed not to arrest the petitioners herein. However, it is made clear that the investigation may go on and the petitioners shall cooperate with the Investigating Officer in concluding the investigation by furnishing the relevant documents and information as sought by the Investigating Officer.
3
Pending Miscellaneous Petitions, if any, shall also closed in the light of this final order.
__________________ K. LAKSHMAN, J Date: 01.03.2021 pgs