Syed Tajuddin vs The State Of Telangana
2022 Latest Caselaw 67 Tel

              HON'BLE SRI JUSTICE K. LAKSHMAN

                CRIMINAL PETITION No.81 OF 2022
ORAL ORDER:
      Heard Mr. N. Naveen Kumar, learned counsel for the petitioner

and the learned Assistant Public Prosecutor appearing on behalf of

respondent No.1.

2. The present criminal petition is filed by the petitioner to quash

the proceedings in Crime No.197 of 2021 of Dabeerpura Police Station,

Hyderabad. The petitioner herein is sole accused in the said crime. The

offences alleged against him are under Section - 447 and 427 of IPC.

3. Perusal of the complaint dated 15.12.2021 would reveal that the

allegation against the petitioner herein is that he is making illegal

construction in the subject property. The State Waqf Board is the

complainant. There are several factual aspects to be investigated into by

the Investigating Officer.

4. Referring to the judgment and decree dated 10.06.1997 passed

in O.S. No.1333 of 1986 by the VI Additional Judge, City Civil Court at

Hyderabad - cum - Addl. Judge, City Small Causes Court, Hyderabad,

Mr. N. Naveen Kumar, learned counsel for the petitioner, would submit

that the said suit was filed by the Managing Committee Chunti Shah

Mosque for recovery of possession of the suit schedule property and

mesne profits and that the said suit was dismissed and the same was

confirmed by this Court vide judgment dated 06.09.2005 in C.C.C.A.

No.122 of 1997. He would further submit that despite dismissal of the

suit as well as the appeal, respondent No.2 has lodged the present

complaint against the petitioner herein and it is an abuse of process of

law. In the complaint dated 15.12.2021, there is specific allegation of

petitioner making illegal construction which is a factual aspect to be

investigated into by the Investigating Officer. Punishment prescribed for

the offences alleged against the petitioner is below seven years and both

the offences are bailable one.

5. Considering the above said aspects, the present Criminal

Petition is disposed of directing the Investigating Officer in Crime

No.197 of 2021 of Dabeerpura Police Station, Hyderabad City

Commissionerate, to strictly follow the procedure laid down under

Section - 41A of Cr.P.C. and also the guidelines issued by the Hon'ble

Supreme Court in Arnesh Kumar v. State of Bihar1. However, the

petitioner shall co-operate with the Investigating Officer by furnishing

information and documents, as sought by him in concluding the

investigation. Till completion of investigation and filing final report, the

Investigating Officer is further directed not to arrest the petitioner -

accused. The Investigating Officer is further directed to consider the

judgment and decree passed in O.S. No.1333 of 1986 as well as CCCA

No.122 of 1997.

As a sequel, the miscellaneous petitions, if any, pending in the

Criminal Petition shall stand closed.

_________________ K. LAKSHMAN, J 5th January, 2022 Mgr

. (2014) 8 SCC 273