Mohd.Akbar Ali vs The State Of Telangana
2022 Latest Caselaw 1663 Tel

     THE HONOURABLE SRI JUSTICE K.LAKSHMAN

           CRIMINAL PETITION No.2972 OF 2022

ORDER:

This Criminal Petition under Section 482 of the Code of

Criminal Procedure, 1973 (for short 'Cr.P.C.'), is filed seeking

to quash the proceedings in Crime.No.2507 of 2021, pending

on the file of Rajendranagar Police Station, Rajendranagar,

Cyberabad. The petitioners herein are accused Nos.1 and 2

in the said crime. The offences alleged against them are

under Sections 447 and 427 of IPC.

2. Heard the learned counsel for the petitioners and

learned Assistant Public Prosecutor for the respondents.

Perused the record.

3. Perusal of the record would reveal that there are

disputes between the petitioners and the 2nd respondent with

regard to suit schedule property in O.S.No.237 of 2006 filed

by both the petitioners herein against the 2nd respondent and

others for perpetual injunction and the said suit was

dismissed on 25.06.2018. Feeling aggrieved by the said

judgment and decree, the petitioners herein preferred an

appeal vide A.S.No.1490 of 2018 and the Appellate Court has

granted status-quo order dated 27.09.2018. According to the

learned counsel for the petitioners, the said Appeal is pending

the said interim order is subsisting as on today. The said

facts would reveal that there are disputes between the

petitioners and the 2nd respondent. Thus, there are several

factual aspects to be investigated into by the Investigating

Officer during the course of investigation. Both the offences

alleged against the petitioners herein are bailable offences

and the punishment prescribed is below seven years.

4. In view of the above discussion, this Criminal

Petition is disposed of directing the Investigating Officer in

Crime.No.2507 of 2021, pending on the file of Rajendranagar

Police Station, Rajendranagar, Cyberabad, to strictly follow

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

also the guidelines issued by the Hon'ble Supreme Court in

Arnesh Kumar v. State of Bihar1. The petitioners shall

cooperate with the Investigating Officer by furnishing

information and documents as sought by him in concluding

the investigation.

(2014) 8 SCC 273

Miscellaneous Petitions, if any, pending, shall also

stand closed.

__________________ K. LAKSHMAN, J Date: 31.03.2022 dv