Aruna Lakavath v. Upendram Deverasetti
HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD MONDAY ,THE ELEVENTH DAY OF APRIL TWO THOUSAND AND TWENTY TWO PRESENT THE HONOURABLE SRI JUSTICE K.LAKSHMAN CRIMINAL PETITION NO: 2630 OF 2022 Between:
1. Aruna Lakavath, Wo. Ramchandru, Age- 38 years, Occ- House WtJ9, R/q H.No. B-18, Pedda Tanda, Gandhichowk,' Khammam Rural Mandal, Khammam District, Telangana State.
2. Ramchandru Lakavath, S/o. Dal Singh, Age-41 years, Occ- Business, R/o. H.No. 8-18, Pedda Tanda, Gandhichowk, Khammam Rural Mandal, Khammam District, Telangana State.
...PET|rloNER/ACCUSED(S) AND 1 . Upendram Deverasetti, S/o. Muthaiah, Age 59 y-ears Occ- Rtd. Employee, Rio. H.No. 2O-7-1OOl1 , Sriramnagar Road No.13, Khammam, Khammam Mandal, Khammam District. Telangana State.
2 The State of Telangana, Rep. by its Public Prosecutor, High court, At Hyderabad.
...RESPONDENT/COMPLAINANTS Petition under section 482 of cr.P.c praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition, the High Couft may be pleased to pleased to quash the proceedings against the Petitioner in crime No.38 of 2022 of Kusumanchi Police station, Khammam District, Telangana State.
I.A. NO:1 OF 2022 , PetitionunderSection4S2ofCr.P.Cprayingthatinthecircumstances stated in the Memorandum of Grounds of criminal Petition, the High court may be pleased pleased to dispense with certified copy of FIR in Crime No 38 of 2022 ofKusumanchiPolicestation,KhammamDistrict,TelanganaState' r.A. NO:2 OF 2022 Petition under Section 482 ol Cr 'P C praying that in the circumstances StatedintheMemorandumofGroUndSofCriminalPetition,theHighcourtmay be pleased pleased to stay all further proceedings including arrest of the PetitionerinCrimeNo.38of2022ofKusumanchiPoliceStation,Khammam District,TelanganaState,Pendingdisposalofthequashpetitionbeforethis Honble Court.
This Petition coming on for hearing,upon perusing the Memorandum of GroundsofCriminalPetitionanduponhearingtheargumentsofSriDrCHALLA SRINIVASA REDDY ,Advocate for the Petitioner and the Public Prosecutor appeared for the (TG/AP) on behalf of the Respondent No 2 and None Respondent No. 1 The Court made the following: ORDER
V THE HONOURABLE SRI JUSTICE K. LAKSHMAN CRIMINAL PETITION No.263O OF 2022 ORDER:
This Criminal Petition is filed under Section 482 Cr.P.C., seeking to call for the records and quash the proceedings in Cr.No.38 of 2022 of Kusumanchi Police Station, Khammam District. The petitioners herein are accused Nos. 1 and 2 in the said crime. The offences alleged against the petitioners herein are under Sections 417, 42O and 506 of lPC.
2.
Heard Dr.Challa Srinivas Reddy, learned counsel for the petitioners, and Sri Khaja Yizarath Ali, learned Asst. Fublic Prosecutor for 2"d respondent - State. Perused the record. 3.
In the complaint dated 12.03.2022, the allegations against the petitioners herein are that they have sold 23 guntas of Government land, In compliance of the order dated 23.O3.2022, th,e learned counsel for the petitioners filed a copy of the agreement and also the sale deed bearing document No.5987 of 2019, dated 07.08.2019 executed py the 1st petitioner in favour of Narra Sujatha and others. 4.
Learned counsel for the petitioners would submit that the petitioners herein never sold any government land and have agreed to sell their lands. The said facts are specifically mentioned in the agreement of saie. Thus, there are several factual aspects to be
V investigated into by the Investigating Officer during the course of investigation.
5.
Considering the punishment prescribed for the offences alleged, the Investigating Officer has already invoked the procedure laid down under Section 41-A of Cr.P.C. by way of serving a notice, but the petitioners herein have not submitted any explanation. 6.
In view of the said discussion, the Criminal Petition is disposed of granting liberty to the petitioners herein to submit explanation to the notices issued by the Investigating Officer under Section 41-A of Cr.P.C. and also the documents in support of their contention, within one week from today. The Investigating Olficer is further directed to consider the said explanation and also the documents submitted by the petitioners herein. The Petitioners shall cooperate with the Investigating Officer by furnishing information/ documents as sought by him in concluding the investigation. The Investigating Officer is also further directed to fo11ow the guidelines issued by the Apex Court in Arnesh Kumar v. State of Biharl. 7 , As a sequel, the miscellaneous Petitions, pending if any, shall stand closed.
Sd/. K. AMMAJI ASSISTANT REGISTRAR /lA{ SECtION OFFICER \ //TRUE COPY// To, -The Judicial Magistrate of First Class (SplMobile Court)' Khammam The State House Office, Kusumanchi Police Station' Khammam District' TwoccstothePublicProsecutors,HighcourtforthestateofTelangana' Hyderabad [OUT] a One CC to SRI Dr CHALLA SRINIVASA REDDY Advocate IOPUCI
5. Two CD CoPies
HIGH COURT DATED:1 110412022 1 $E S TArt o.
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ORDER
CRLP.No.2630 o12022 DISPOSING OF THE CRL.PETITION s