Imran Ali Baig, v. The State Of Telangana

THE HONOURABLE SRI JUSTICE RAJA ELANGO CRIMINAL PETITION No.3526 OF 2016 ORDER:

This petition is filed by the petitioner-accused No.2 under Section 482 Cr.P.C. seeking to quash the proceedings against him in Crime No.105 of 2015 on the file of Humayunagar Police Station, Hyderabad, registered for the offences punishable under Sections 448 and 506 IPC.

It is alleged that the petitioner has illegally occupied the house of the de facto complainant and the said house was given to one Mrs.Rekha John to run a Kindergarten School and when the de facto complainant asked the petitioner to vacate the said premises, he abused him in filthy language and threatened with dire consequences. The truth or otherwise of the above said allegations can be ascertained during the enquiry. Therefore, this Court is not inclined to interfere with the proceedings against the petitioner. At this stage, the learned Counsel for the petitioner submitted that due to the pendency of the above crime, the petitioner apprehends arrest and harassment in the hands of the police.

In view of the above submission, the police concerned are directed to complete the investigation and file a final report, if any, without arresting the petitioner. In the event of necessity, the police concerned are directed to issue notice to the petitioner for his appearance before the investigating agency for the purpose of investigation. On issuance of such notice, the petitioner shall appear before the investigating agency and give an undertaking as to his future appearance as and when required by the investigating agency for the purpose of investigation.

With the above directions, the Criminal Petition is disposed of. Consequently, miscellaneous petitions pending, if any, shall stand closed.

______________ RAJA ELANGO, J March 15, 2016.

KTL