M/S. Sb Constructions v. The State Of Telangana

HON'BLE SRI JUSTICE Dr. B. SIVA SANKARA RAO CRIMINAL PETITION No.5363 of 2017 ORDER:

Notice sent to respondent Nos.2 & 3 returned as left is sufficient service.

Heard learned counsel for the petitioners/A.1 to A.5 of crime No.94 of 2017 of Sultan Bazar Police Station, Hyderabad, registered for the offences punishable under Sections 448, 427, 380 r/w 34 IPC and also learned Public Prosecutor representing the 1st State and perused the grounds urged in the quash petition and the contents of the FIR and the notice issued by the GHMC on 15.12.2016 under Section 459 of HMC Act to the so called owner of the premises that building is likely to collapse thereby to remove or to pull down.

The defacto complainant averments in question are that under the guise they forcibly disposed by the accused persons, who are the developers and in the quash petition they denied about the alleged dispossession and in fact it is matter for investigation.

The interim stay of all further proceedings granted on 07.07.2017 is modified as the investigation shall go on, pending investigation, the petitioners shall not be arrested. However, this will not prevent the police for securing the presence of accused for the purpose of investigation.

With the above observation, the Criminal Petition is disposed of. Pending miscellaneous petitions, if any shall stand closed. _____________________________________ JUSTICE Dr. B.SIVA SANKARA RAO Date: 12.10.2017 ska