Shivraj Desai Shivraj Deshmukh vs The State Of Telangana
2022 Latest Caselaw 1189 Tel

     THE HONOURABLE SRI JUSTICE K. LAKSHMAN

           CRIMINAL PETITION No.2439 of 2022

ORDER:

This Criminal Petition is filed under Section 482

Cr.P.C., to quash the proceedings in Crime No.19 of 2022

of Mudhole Police Station, Nirmal District, registered for

the offences under Section 447, 427 of IPC. The petitioner

herein is the sole accused in the said Crime.

2. Heard learned counsel for the petitioner and learned

Public Prosecutor. Perused the Record. With their

consent, this Criminal Petition is disposed of, at the

admission stage.

3. As per the complaint dated 07-02-2022, the

allegations against the petitioner is that he has trespassed

in the land belonging to the second respondent i.e., land

admeasuring Ac.1.16 guntas in Sy.No.656 of Mudhole

Village and Mandal, Nirmal District.

2 Crl_P_2439_2022

4. The learned counsel for the petitioner submitted that

the petitioner herein is the absolute owner and possessor

of the said property and he has filed O.S.No.11 of 2006

against Narsappa Rekulapalli i.e., the second respondent

and his brothers. The said suit was decreed in favour of the

petitioner on 23-11-2007 itself. According to him, the

second respondent has not filed any Appeal and the said

Decree and Judgment attained finality.

4. Perusal of the complaint would reveal that there are

several factual aspects to be investigated into by the

Investigating Officer during the course of investigation.

The punishment prescribed for the offences alleged against

the petitioner is below 7 years and both offences are

bailable offences.

5. In view of the said discussion, this Criminal Petition

is disposed of, directing the Investigating Officer in Crime

No.19 of 2022 of Mudhole Police Station, Nirmal District, to

strictly follow the procedure prescribed in Section 41-A of 3 Crl_P_2439_2022

Cr.P.C. and also the guidelines issued by the Hon'ble Apex

Court in Arnesh Kumar Vs. State of Bihar1. The

petitioners shall cooperate with the Investigating Officer by

furnishing information and documents as sought by him in

concluding the investigation. Till completion of

investigation and filing of final report the Investigating

Officer is further directed not to arrest the petitioner

herein. Further directed not to harass the petitioner herein

who is aged about 72 years, under the guise of

investigation.

Miscellaneous petitions, if any, pending in this

Criminal Petition, shall stand closed.

___________________ K. LAKSHMAN, J March 16, 2022 PN/KHRM

(2014) 8 SCC 273 4 Crl_P_2439_2022 5 Crl_P_2439_2022

HONOURABLE SRI JUSTICE K. LAKSHMAN

CRIMINAL PETITION No.2439 of 2022

March 16, 2022

PN/KHRM