Sri. Gella Laxminarayana And 2 ... vs The State Of Telangana And Another
2021 Latest Caselaw 631 Tel

     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.

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.

Pending Miscellaneous Petitions, if any, shall also closed

in the light of this final order.

__________________ K. LAKSHMAN, J Date: 01.03.2021

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