Udiga Rajaiah vs The State Of Telangana, And ...
2021 Latest Caselaw 172 Tel

     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.

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

(2014) 8 SCC 273