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High Court for State of TelanganaCRLP/2356/2018disposed of no costs

Ummenthala Kondal Reddy, v. The State Of Telangana,

2018-02-26Shameem Akther2 pages

THE HON'BLE DR.JUSTICE SHAMEEM AKTHER CRIMINAL PETITION NO.2356 OF 2018 ORDER:

This petition is filed by the petitioners-A1 and A2 under Section 482 Cr.P.C. to quash the proceedings in Cr.No.331 of 2017 on the file of the Station House Officer, Jammikunta Police Station, Karimnagar District, which was registered for the offences punishable under Sections 506 r/w 34 IPC and 3 (1) (r) (s) of SCs & STs (POA) Act, 1989.

2.

Heard learned counsel for the petitioners, learned Assistant Public Prosecutor representing the State and perused the record.

3.

Learned counsel for the petitioners would submit that the petitioners-A1 and A2, de facto complainant and others are the partners of M/s Sri Laxmi Digital Communications, House No.17-2-41, Mothkulagudem village, Jammikunta Mandal, Karimnagar District. Among them, one of the partners by name, P.Mallaiah filed a suit in O.S.No.116 of 2017 on the file of the Senior Civil Judge, Huzurabad, for dissolution of partnership and rendition of accounts.

4.

The suit property belonging to M/s Sri Laxmi Digital Communications was seized by an Advocate Commissioner appointed in that suit. It is alleged that having bore grudge, defendant No.12 therein (2nd respondent herein) filed a false report against the petitioners and others alleging that the petitioners abused him in the name of his caste. The truth or otherwise of the allegations is required to be decided in the investigation. It is not appropriate to quash the proceedings. However, the interest of the

petitioners is required to be protected, in view of the civil disputes pending against them.

5.

Under these circumstances, the Station House Officer/Investigating Officer shall complete the investigation and file final report, without arresting the petitioners-A1 and A2 in the above crime. The petitioners-A1 and A2 shall co-operate with the investigation.

6.

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

___________________________ DR.SHAMEEM AKTHER, J DATED: 26-02-2018.

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