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High Court for State of TelanganaWP/46680/2016disposed of no costs

Chunchu Gopalakrishna Prasad, v. The State Of Telangana

2017-01-02Raja Elango3 pages

HONOURABLE SRI JUSTICE RAJA ELANGO WRIT PETITION No.46680 of 2016 ORDER:

1.

This writ petition is filed by the petitioners under Article 226 of the Constitution of India seeking to quash the proceedings against them in FIR No.534 of 2016 on the file of the Khanapur (H) Police Station, Khammam District.

2.

Heard and perused the material available on record. 3.

As the private complaint lodged by the 4th respondent was referred to the police under Section 156(3) Cr.P.C., the above crime was registered for the offence under Sections 424, 427, 447 and 506 r/w 34 IPC. It is alleged that the petitioners and other accused colluded, criminally trespassed into the land of the 4th respondent, tried to construct a shed and threatened the 4th respondent in order to grab his land. It is the case of the petitioners that they purchased the property in question from one Meganadham, and that civil disputes are pending in respect of the land in question.

4.

The petitioners filed this writ petition challenging the investigation in the above Crime. This Court is not inclined to interfere with the proceedings in the above crime. However, as civil disputes are pending in respect of the subject land, the official respondents are directed to complete the investigation and file a final report, in accordance with law, without arresting the petitioners. The petitioners are directed to appear before the Station House Officer concerned as and when required and they are also directed to execute a personal bond for a sum of Rs.5,000/- (Rupees Five Thousand only) with one surety each for the like sum each to

the satisfaction of the Station House Officer concerned, as surety for their future appearance as and when required for the purpose of investigation. 5.

With the above direction, the Writ Petition is disposed of. No costs. Consequently, miscellaneous petitions pending, if any, shall stand closed. ________________ RAJA ELANGO, J Date: 2nd January, 2017 Nn

HONOURABLE SRI JUSTICE RAJA ELANGO WRIT PETITION No.46680 of 2016 Date: 2nd January, 2017 Nn