Pachipala Narasimha v. The State Of Telangana
HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD WEDNESDAY,THE TWENTY SEVENTH DAY OF JANUARY TWO THOUSAND AND TWENTY ONE PRESENT THE HONOURABLE SRI JUSTICE K.LAKSHMAN CRIMINAL PETITION NO: 276 OF 2021 Between:
1. Pachipala Narasimha, S/o. Late Muthaiah, Age 50 years, Occ private services All are residents of Thungapadu Village, Nampally Mandal Nalgonda District
2. Pachipala [\,4uthamma, W/o. Narasimha, Age 45 years occ private service Thungapadu Village, Nampally Mandal Nalgonda District
3. Pachipala Narender,, S/o. Pachipala Narasimha ,Age 23 years,Occ private service Thungapadu Village, Nampally Mandal Nalgonda District
4. Kundella Venkataiah, S/o. Late tt4allaiah, Age 28 years, Rl/o. Chintapally Village and l\,4andal Nalgonda District.
5. Kundella Narmada, W/o. Venkataiah, Age 24 years, Rl/o.Chintapally (V) and lVlandal, Nalgonda District.
...PETITIONER/ACCUSED No.1-5 AND
1. The State of Telangana, rep. by its Public Prosecutor, High Court for the State ofTelangana, At Hyderabad .. . Respondent/Complainant
2. Thirunagari Vakula, W/o. Madhusudanachary Age 49 years, R/o. H.No.1 -2-7811 , Occ agriculture Nageswaranagar Colony, Kothapeta Saroornagar Mandal, Rangareddy District ...RESPONDENT/COMPLAINANT Petition under Section 482 o'f Cr.P.C praying that in the circumstances stated in the N,4emorandum of Grounds of Criminal Petition, the High Court may be pleased to quash the FIR No.11712020 d1.2811212020 on the file of Police Station, Nampally, Nalgonda District, registered under Section 420,406, 120 B R/w 34 IPC in the interests of justice.
f .A. NO: 2 OF 2021 Petition under Section 482 of Cr.P .C praying that ln the circumstances stated in the [\,4emorandum of Grounds of Criminal Petition,the High Court may be pleased to issue interim direction staying all further proceedings on the F.l.R. including to investigation not to arresl in pursuance to F.l.R.No.1 1712020 D1.2811212020 on lhe file of P.S. Nampally, Nalgonda District registered under Section 420, 406, 120 B R/w 34 1PC pending disposal of the Criminal Petition. This Petition coming on for hearing,upon perusing the Memorandum of Grounds of Criminal Petition and upon hearing the arguments of Sri P V RAMANA ,Advocate for the Petitioner and the Public Prosecutor on behalf of the Respondent No 1.
The Court made the following: ORDER
THE HONOURABLE SRI JUSTICE K. LAKSHMAN CRIMINAL PETITION No.276 0F 2021 ORDER:
This petition is filed under Section 4g2 of Cr.p.C., seeking to quash the proceedings in Crime No.l17 of 2O2O on the file of Station House officer, Nampally police Station, Nalgonda district. The petitioners are accused Nos.1 to 5 in the above said crime. The offences alleged against the petitioners are under Sections 42O, 406 and 120-B read with 34IPC,
2. Heard Sri P.V.Ramana, learned counsel for the petitioners, learned Assistant public prosecutor and perused the record.
3. On perusal of the material would reveal that the 1st petitioner has executed sale deed bearing document No.13360/2016 dated 23.1l.2016 in favour of the 2.d respondent with regard to the land admeasuring Ac.2_00 in Sy.Nos. 294, 295/1 and 296/Al3 situated at Tungapati Gowraram Grampanchayat, Nampally Mandal, Nalgonda district. In the complaint dated 20.12.2020, the 2n.t respondent has specifically mentioned that she has been cultivating the said iand. Thus, the said facts r.r,ou1d reveal that there are disputes between the 1sr petitioner and the 2,a respondent with regard to the said land. In the complaint dated 20.12.2020, the 2na respondent has alleged that the 1"r
petitioner has sold the property and cheated her. The said disputes are civil in nature.
4. Considering the said facts, and also the fact that the punishment prescribed for the offences alleged against the petitioners is imprisonment of seven years or below seven years, the Criminal Petition is disposed of directing the Station House Officer/ Investigating Officer, Nampally Police Station, Nalgonda District, to follow the procedure laid under Section 41-A of Cr.P.C., and also the guidelines issued by the Apex Court in Arnesh Kumar v. State of Blhar and anotherl. The Station House Officer/ Investigating Officer, is directed not to arrest the petitioners til1 completion of investigation and filing of final report. The petitioners are directed to cooperate with the Investigating Officer in all respects.
Miscellaneous petitions pending, if any, shall stand closed.
SD/. N.CHANDRASEKHAR RAO ASSISTANT REGISTRAR ,{- !
SECTION OFFICER //TRUE COPY// To,
1. The Station House Officer, Nampally Police Station , Nalgonda District'
2. Two CCs to Public Prosecutor, High Court for the State of Telangana' at Hyderabad [OUT]
3. One CC to SRl. P V RATUANA Advocate IOPUC]
4. Two CD CoPies '(2014) 8 scc 27-l l,
HIGH COURT KLJ DATED:2710112021
ORDER
CRLP.No.276 ot 2021 14.
l-l '( '9 11 rEB 2021 (.'
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r) -_/ DISPOSTNC OF TIIE CRIMINAL PETI-I'ION fr 2)