Bandi Sahadev v. B.Yadagiri

THE HON'BLE SRI JUSTICE RAJA ELANGO CRIMINAL PETITION No.3152 OF 2012 ORDER:

This Criminal Petition is filed under Section 482 Cr.P.C., to quash the proceedings in Crime No.283 of 2011 of Nallakunta Police Station, Hyderabad on the file of the file of the IV Additional Chief Metropolitan Magistrate, Hyderabad.

The case of the prosecution is that when the de facto complainant - 1st respondent is going to watch the condition of his vehicle at his old residence, the accused, who are sons of his brother, objected and not allowed him to see the vehicle and pushed him back and trying to beat him on his chest and threatened him with dire consequences if he come to his old residence. Heard and perused the material available on record. Learned counsel for the petitioner submits that the present complaint is filed as a counterblast to the complaint filed by the wife of the 1st petitioner against the son of the de facto complainant and some property disputes are pending between the parties and the petitioners also obtained an order of interim injunction against the de facto complainant restraining him and his sons from interfering with the petitioners' peaceful possession, and therefore, he prays to allow the petition.

After perusing the entire record and the after considering the submissions of the learned counsel for the petitioners, this Court is of the view that the petitioners can place all the points before the investigating agency and hence, this Court is not inclined to interfere with the investigation.

Accordingly, the Criminal Petition is disposed of directing the police to complete investigation of the case without arresting the petitioners and file final report, if any.

Miscellaneous petitions,

pending if any, shall stand closed.

______________ RAJA ELANGO, J June 11, 2015.

KTL