D. Keshava Rao v. The State Of Telangana
HONOURABLE Dr. JUSTICE B.SIVA SANKARA RAO CRIMINAL PETITION No.9089 of 2015 ORDER :
This Criminal Petition is filed by the Petitioners/ accused Nos.1 and 2 under Section 482 Cr.P.C seeking to quash the Crime No.558 of 2015 of Alwal Police Station, Cyberabad, registered for the offences punishable under Sections 420, 447 and 427 IPC.
2) Heard learned counsel for the petitioners/ accused Nos.1 and 2 as well as 1st respondent-State represented by learned Public Prosecutor before admission and before ordering notice to 2nd respondent-de facto complainant. Perused the material on record.
3) It is the contention of the learned counsel for the petitioners that on 18.08.2015, the petitioner No.2/ accused No.2 already filed a civil suit O.S No.1082 of 2015 on the file of I Additional Senior Civil Judge, Ranga Reddy District, for perpetual injunction against the respondent No.2 and her husband and obtained temporary injunction on 18.08.2015 in I.A.No.593 of 2015 in O.S. No.1085 of 2015 and it is purely a civil dispute brought with criminal flavor.
4) As the facts falls short for this Court to admit the Criminal Petition filed under Section 482 Cr.P.C to quash the FIR proceedings but for to the entitlement of concession of regular bail, the Criminal Petition is disposed of giving liberty to petitioners to surrender before the learned Magistrate concerned and move for regular bail with notice to assistant public prosecutor concerned and in such event, the learned Magistrate shall grant bail with necessary conditions on the same day. Needless to say, at post bail stage, pending investigation their presence before the Court concerned can be dispensed with. Further remedies are left open to them, in the event of police filing final report and after taking cognizance by the learned Magistrate.
5 ) Miscellaneous petitions, if any pending in this Criminal
Petition, shall stand closed.
_________________________ Dr. B. SIVA SANKARA RAO, J Dt.10.09.2015 Knl HONOURABLE Dr. JUSTICE B.SIVA SANKARA RAO CRIMINAL PETITION No.9089 of 2015
Date:10.09.2015 knl