Peddoni Balaiah And Another vs The State Of Telangana And 2 Others
2022 Latest Caselaw 2630 Tel

              HON'BLE SRI JUSTICE K. LAKSHMAN
                  WRIT PETITION No.23137 OF 2022
ORAL ORDER:

       Heard Mr. Karunakar Reddy, learned counsel for the petitioners

and Mr. S. Rama Mohan Rao, learned Assistant Government Pleader

for Home appearing on behalf of respondent Nos.1 and 2, and perused

the record.

2. The petitioners herein are arraigned as accused Nos.1 and 2

in Crime No.66 of 2022 of Balanagar Police Station of Mahabubnagar

District. The offences alleged against them are under Sections - 341,

447 and 506 read with 34 of IPC.

3. Perusal of the record would reveal that there are disputes

between the petitioners and respondent No.3 herein with regard to the

land situated at Gowthapur Village of Balanagar Mandal,

Mahabubmagar District. The petitioners herein claiming that they are

the owners of the land in Survey Nos.136/E and 137/3/A, admeasuring

Acs.1.29 guntas situated at Gowthapur Village, whereas respondent

No.3 herein is claiming that he is the owner of the land in Survey

No.117 which is adjacent to the land of the petitioners herein.

Respondent No.3 herein had filed a suit vide O.S. No.31 of 2014

KL,J W.P. No.23137 of 2022

pending on the file of Junior Civil Judge, Jadcherla against petitioner

No.1 herein for perpetual injunction and the same was decreed on

06.02.2015.

4. Learned counsel for the petitioners would submit that

petitioner No.1 has not preferred any appeal challenging the said

judgment and decree and, thus, the same had attained finality. He

would further submit that the alleged incident took place on

30.03.2022, whereas respondent No.3 herein had lodged the complaint

on 04.04.2022. Thus, there is a delay in lodging the complaint.

Further, there was no incident occurred on 03.03.2022. Survey was

conducted in the presence of the Villagers, Revenue Officials and

neighbour land owners. Even then, respondent No.3 has implicated

the petitioners herein in the present case.

5. In the complaint, prima facie, there are specific allegations

against the petitioners herein. They have obstructed respondent No.3

and threatened with dire consequences and they would implicate

respondent No.3 and others in a case for the offences under the

provisions of the Scheduled Castes and the Scheduled Tribes

(Prevention of Atrocities) Act. There is an injunction in favour of

respondent No.3 herein. Therefore, whether the land is in survey

KL,J W.P. No.23137 of 2022

Nos.136 and 137 or in Survey No.117 as claimed by the parties herein

cannot be decided in a petition under Section - 482 of the Cr.P.C.

Thus, prima facie, there are several factual aspects which need to be

investigated into by the Investigating Officer during the course of

investigation. Punishment prescribed for the offences alleged against

the petitioners herein is below seven (07) years.

6. The present Writ Petition is accordingly disposed of

directing the Investigating Officer in Crime No.66 of 2022 of

Balanagar Police Station of Mahabubnagar District, to follow the

procedure laid under Section - 41A of Cr.P.C. and the guidelines

issued by the Hon'ble Supreme Court in Arnesh Kumar v. State of

Bihar1. Further, the petitioners herein shall co-operate with the

Investigating Officer by furnishing necessary information and

documents as sought by him in concluding investigation.

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

Writ Petition shall stand closed.

_________________ K. LAKSHMAN, J 13th June, 2022 Mgr

. (2014) 8 SCC 273