V. Ramesh v. State Of Telangana

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IN THE HIGH COURT FOR THE STATE OF TELANGANA

AT HYDERABAD FRIDAY, THE THIRTIETH DAY OF JULY TWO THOUSAND AND TWENTY ONE PRESENT THE HONOURABLE SRI JUSTICE K.LAKSHMAN CRIMINAL PETITION NO: 5951 OF 2021 Between:

V. Ramesh, S/o Late V. Kumaraswamy, Age: 63 Years, Occ: Retd. GM, Rl/o. H.No. 1 2-7-27 6 to 285, Mettuguda, Secunderabad-50001 7. ...PETITIONERYACCUSED No.1 AND

1. State of Telangana, Rep. by its Public Prosecutor, High Court of Judicature, Hyderabad through PS, Chilakalaguda.

2. T. Srikanth Reddy, S/o. T. Shyam Sundar Reddy, Age. 45 Years, Occ. Transport Business, Fi/o. H.No. '1-3-151/8, Rajendra Nagar, Mahabubnagar District. ...RESPONDENTS/DEFACTO 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 Court may be pleased to Quash all the proceedings in Crime No.391 of 2021 on the file of PS Chilakalguda, Hyderabad Uls.447,506 of IPC R/W Section 34 lPC. l.A. NO: 2 OF 202'l Petition under Section 482 of Cr.P.C praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition, the High Court may be pleased to stay all further proceedings in Crime No.391 of 2021 on the file of PS Chilakalguda, Hyderabad U1s.447,506 of IPC R/W Section 34 IPC including the arrest of petitio ner/accused No.1.

This Petition coming on for hearing, upon perusing the Memorandum of Grounds of Criminal Petition and upon hearing the arguments of Sri Padala Pravin Kumar, Advocate for the Petitioner and the Public Prosecutor (TG) on behalf of the Respondent No.1 and none appeared for the Respondent No.2. The Court made the following: ORDER

THE HONCIURABLE SRI JUSTICE K. LAKSHMAN CRIMINAL PETITION No'5951 0F 2021 ORDER:

This Criminal Petition is filed under Section 482 of Cr.P.C., to quash the proceedings in Crime No'39I of 2O2l' pending on the tile of Chilkalguda Police Station, Hyderabad' The petitioner herein is accused No' 1 in the above said crime' The offences alleged against him are under Sections 447 and 506 read with 34 0f IPC.

2.

Heard learned counsel for the petitioner and learned Pubiic Prosecutor. Perused the record.

3.

As per the complaint dated 78.07.2021, the allegations against the petitioner a-re that he and accused No'2 claiming themselves as Raviraju's relatives, locked the gate o the property, and on 1'8.07.2021 when respondent No 2 was supervising the civil work at the site, the petitioner and accused No.2 reached the site and obstructed the civil work and warned respondent No.2 with dire consequences' 4.

Referring to copy of the plaint in O.S'No'8 of 2O2O on the file of XXVII Additional Chief Judge, City Civil Court, Secunderabad, Sri Padala Pravin Kumar, learned counsel for the petitioner, would submit that the petitioner and two others have fiied the said suit against respondent No'2 and others for declaration and perpetual injunction in respect of

the suit schedule property therein which is also subject property in the complaint. The Court below also granted injunction order restraining respondent No.2 and other defendants in the said suit from interfering with the peaceful possession and enj oyment of the plaintiffs over the suit schedule property.

5. Thus, there a.re several factual aspects to be investigated into by the Investigating Officer during the course of investigation.

6.

Therefore, this Criminal Petition is disposed of directing the Investigating Officer in Crime No.39 1 of 2021, pending on the file of Chilkalguda Police Station, Hyderabad, to follow the procedure laid down under Section 41-A of Cr.p.C., and also the guidelines issued by the Apex Court in Arnesh Kumar v. State of Biharl. The Investigating Officer is further directed not to arrest the petitioner herein til1 completion of investigation and filing of final report. The petitioner shall cooperate with the Investigating Officer by furnishing the information and documents as sought by him in concluding the investigation. Misceilaneous petitions pending, if any, shall stand closed.

' lzot+;8 scc 273 Sd/.B.SATYAVATHI ASSISTANT REGIS R //TRUE COPY// \ SEGTION OFFICER To,

1. The X Additional Chief Metropolitan Magistrate' Hyderabad'

2. The Station House Officer, Chilkalguda Police Station' Hyderabad'

3. One CC to Sri Padala Pravin Kumar' Advocate [OPUC]

4. Two CCs to the Public Prosecutor' High Court for the State of Telangana at Hyderabad. [OUT] s \ ,P Two CD CoPies One SPare CoPY br

HIGH COURT DATED: 3010712021 STATE:

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ORDER

CRLP.No.595'l ot 2021 DISPOSING OF THE CRIMINAL PETITION g*v'