Mohd Hussain v. The State Of Telangana

HON'BLE Dr . JUSTI CE SHAMEEM AKTHER CRI MI NAL PETI TI ON No.5 9 0 OF 2 0 1 9 ORDER:

This Criminal Petition, under Section 482 of the Code of Criminal Procedure, 1973 (for short, 'Cr.P.C.'), is filed by the petitioners/ accused Nos.1 to 6 seeking to quash the proceedings in Crime No.229 of 2018 of Mirchowk Police Station, Hyderabad, registered for the offences punishable under Sections 324, 506 and 509 I.P.C.

2.

Heard learned counsel for the petitioners/ accused Nos.1 to 6 and the learned Additional Public Prosecutor representing the 1st respondent/ State. Perused the record.

3.

There are allegations of abuses, beating etc against these petitioners/ accused Nos.1 to 6. In the course of submissions, it is brought to the notice of this Court by learned Additional Public Prosecutor that there is also medical report to show that the 2nd respondent-de facto complainant suffered injuries. The dispute is with regard to disposal of waste emanating from the house and cleaning of drainage etc.

4.

The nature of allegations alleged against the petitioners/ accused Nos.1 to 6 and the material collected so far, constitute the offences alleged under Sections 324, 506 and 509 I.P.C. Therefore, it is not a fit case to quash the proceedings. However, since the punishment prescribed for the aforesaid offences is below seven years, the Station House Officer

concerned is directed to complete the investigation in the subject crime without arresting the petitioners/ accused Nos.1 to 6. 5.

With the above direction, the Criminal Petition is disposed of. Miscellaneous petitions, if any, pending in this petition shall stand closed.

______________________ Dr . SHAMEEM AKTHER, J APRI L 0 1 , 2 0 1 9 YVL

THE HON'BLE Dr . JUSTI CE SHAMEEM AKTHER CRI MI NAL PETI TI ON No.5 9 0 OF 2 0 1 9 APRI L 0 1 , 2 0 1 9 YVL