Hakeem vs The State Of Telangana
2021 Latest Caselaw 1616 Tel

      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

(2015) 7 SCC 423

SLP (crl.) No.1522 of 2000

(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

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