Alugubelly Venkat Reddy vs The State Of Telangana
2023 Latest Caselaw 1560 Tel

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      THE HONOURABLE SRI JUSTICE K.SURENDER

          CRIMINAL PETITION No.3460 OF 2023

ORDER:

This Criminal Petition is filed under Section 482 of the Code

of Criminal Procedure, 1973 (for short 'Cr.P.C.') by the petitioners-

Accused Nos.1 to 4 to quash the proceedings against them in

respect of FIR No.77 of 2023 pending on the file of Station House

Officer, Chivmela Police Station, Suryapet District, filed for the

offences punishable under Sections 447, 420 and 427 read with

Section 34 of Indian Penal Code (for short "IPC").

2. Heard learned counsel for the petitioners and learned

Additional Public Prosecutor for the respondent - State. Perused

the material on record.

3. The learned counsel appearing for the petitioners would

submit that the 2nd respondent - de facto complainant had filed a

civil suit for specific performance against the petitioner No.1 -

accused No.1 and the same was numbered as O.S.No.13 of 2016.

The learned Principal District Judge, Suryapet, after conclusion of

trial and on hearing arguments on both sides decreed the said civil

suit on 05.08.2022 and directed the 1st petitioner herein to execute

registered sale deed within one month from the date of that

judgment in favour of 2nd respondent herein in respect of plaint

schedule property. However, the present complaint was filed by

the 2nd respondent against the petitioners, when the appeal in

A.S.No.78 of 2023 was pending adjudication before this Court,

which was filed by the petitioner No.1 against the said judgment in

dated 05.08.2022 in O.S.No.13 of 2016. He further would submit

that the question of trespassing into one's own premises does not

arise, as such the FIR against the petitioner needs to be quashed.

4. Since the said aspects raised by the learned counsel for the

petitioners can as well be agitated before the concerned police,

this Court deems it appropriate to direct the Investigating Officer in

respect of FIR No.77 of 2023 of Chivmela Police Station, Suryapet

District, to conclude the investigation without taking any coercive

steps against the petitioners - Accused Nos.1 to 4, by strictly

following 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, by considering the existence

(2014) 8 SCC 273

of civil disputes between the parties. The petitioners shall

co-operate with the Investigating Officer by furnishing information

and documents as sought by him in concluding the investigation as

and when required.

5. Accordingly, the Criminal Petition is disposed of.

Miscellaneous applications pending, if any, shall stand closed.

_____________ K.SURENDER, J Date: 10.04.2023 Note: Issue C.C. by 17.04.2023.

B/o.

rev