1
THE HONOURABLE SRI JUSTICE K.SURENDER
CRIMINAL PETITION No.3460 OF 2023
ORDER:
This Criminal Petition is filed under Section 482 of the Code of Criminal Procedure, 1973 (for short 'Cr.P.C.') by the petitioners- Accused Nos.1 to 4 to quash the proceedings against them in respect of FIR No.77 of 2023 pending on the file of Station House Officer, Chivmela Police Station, Suryapet District, filed for the offences punishable under Sections 447, 420 and 427 read with Section 34 of Indian Penal Code (for short "IPC").
2. Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the respondent - State. Perused the material on record.
3. The learned counsel appearing for the petitioners would submit that the 2nd respondent - de facto complainant had filed a civil suit for specific performance against the petitioner No.1 - accused No.1 and the same was numbered as O.S.No.13 of 2016. The learned Principal District Judge, Suryapet, after conclusion of trial and on hearing arguments on both sides decreed the said civil 2 suit on 05.08.2022 and directed the 1st petitioner herein to execute registered sale deed within one month from the date of that judgment in favour of 2nd respondent herein in respect of plaint schedule property. However, the present complaint was filed by the 2nd respondent against the petitioners, when the appeal in A.S.No.78 of 2023 was pending adjudication before this Court, which was filed by the petitioner No.1 against the said judgment in dated 05.08.2022 in O.S.No.13 of 2016. He further would submit that the question of trespassing into one's own premises does not arise, as such the FIR against the petitioner needs to be quashed.
4. Since the said aspects raised by the learned counsel for the petitioners can as well be agitated before the concerned police, this Court deems it appropriate to direct the Investigating Officer in respect of FIR No.77 of 2023 of Chivmela Police Station, Suryapet District, to conclude the investigation without taking any coercive steps against the petitioners - Accused Nos.1 to 4, by strictly following the procedure laid down under Section 41-A of Cr.P.C. and also the guidelines issued by the Hon'ble Supreme Court in Arnesh Kumar v. State of Bihar1, by considering the existence 1 (2014) 8 SCC 273 3 of civil disputes between the parties. The petitioners shall co-operate with the Investigating Officer by furnishing information and documents as sought by him in concluding the investigation as and when required.
5. Accordingly, the Criminal Petition is disposed of.
Miscellaneous applications pending, if any, shall stand closed.
_____________ K.SURENDER, J Date: 10.04.2023 Note: Issue C.C. by 17.04.2023.
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