High Court for State of TelanganaCRLP/2408/2023disposed of no costs

Kandakatla Siddi Reddy v. The State Of Telangana

2023-03-10K.Surender4 pages

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IN THE HIGH COURT FOR THE STATE OF TELANGANA

AT HYDERABAD FRIDAY, THE TENTH DAY OF MAR.CH TWO THOUSAND AND TWENTY THREE PRESENT THE HONOURABLE SRI JUSTICE K.SURENDER CRIMINAL PETITION NOI 2408 OE2023 Between:

Kandakatla Siddi Reddy, S/o Krishna Reddy, fua 45 years, Occ. Business, Fl/o 6-13012, Aravind Colony, Near LBM School, Kapugadda, Shamshabad Village and Mandal ...pETtroNERyAccusED AND 1 . The State of Telangana, Rep. by its Public Prosecutor, High Court for the State of Telangana, at Hyderabad.

2. Mr. Amith Kumar Patel, S/o. Ghansham Patel, fua 35 years, Occ. Business, Villa No.41, Splendid Apamas Palm Meadows, Kompally, Hyderabad - 500014 ...REspoNDENT/DEFAcro ..M'LATNANT Petition under Section 482 of Cr.P.C praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition, the High Court may be pleased to quash a'll further proceedings of the FIR No. 1 16 of 2023, on the file of RGI Airport, Shamshabad, Rangareddy District against Accused, by call for record s l.A. NO; 2 OF 2023 Petition under Section 482 of Cr.P.C praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition,the High Court may be pleased to stay all further proceedings in FIR/Cr. No.

116 of 2023, on the file of RGI Airport, Shamshabad, Rangareddy District including appearance and arrest of Accused, 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 ASAD HUSSAIN, Advocate for the Petitioner and of the Additional Public Prosecutor on behalf of the Respondent No.1 and None Appeared for the Respondent No.2.

THE HONOURABLE SRI JUSTICE K.SURENDER CRIMINAL PETITION No.24O8 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 petitionerAccused to quash the proceedings against him in FIR No.116 of 2023 pending on the file of Station House Offlcer, Rajiv Gandhi International Airport Police Station, Shamshabad, Ranga Reddy district registered for the offence punishable under Sections 447,427 and 506 of Indian Penal Code (for short'IPC'). 2.

Heard learned counsel for the petitioner - Accused and learned Additional Public Prosecutor for the respondent No.1State. Perused the material on record. 3.

The respondent No.2 filed a complaint agalnst this petitioner t stating that petitioner along with some others trespassed into his t land and damaged the compound wall. It appears from the complaint that the petitioner and respondent No.2 are neighbours and have disputes over the boundary. Due to the said reason, since boundary disputes would be determined by the Civil Court, this

Court deems it appropriate to direct the Investigating Officer in respect of FIR No.116 of 2023 pending on the file of Station House Officer, Rajiv Gandhi International Airport Police Station, Shamshabad, Ranga Reddy district, to conclude the investigation without taking any coercive steps against the petitioner - Accused till completion of investigation, 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 Biha/. However, the petitioner shall co-operate with the Investigating Officer as and when required by furnishing information and documents as sought by him in concluding the investigation.

Accordingly, the Criminal Petition is disposed of. Miscellaneous applications pending, if any, shall stand closed. \ Sd/-K.AMMAJI ASSISTANT REGISTRAR //TRUE COPYII SECTI OFFICER To

1. The Court of Hon'ble Xll Additional Metropolitan Magistrate, at Rajendranagar, Cyberabad.

Z. rni: Station"Hous6 Officer, RGI Airport, Police Station, Shamshabad, Ranga Reddy District.

3. Two CCs to the Public Prosecutor, High court for the State of Telangana at Hyderabad (OUT)

4. Ohe CC to Sri Asad Hussain, Advocate [OPUC]

5. Two CD Copies q Kj

,).

HIGH COURT DATED:10/03/2023 T4r6.

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ORDER

.) ta CRLP.No.2408 oI 2023 ao APfi ?[8 a l] DISPOSING OF THE CRL.P.