K.Mohan Lal v. State Of Telangana

HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD TUESDAY ,THE TWENTY FOURTH DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FOUR PRESENT THE HONOURABLE SRI JUSTICE E.V. VENUGOPAL CRIMINAL PETITION NO: 4499 OF 2018 Between:

1. K.MOHAN LAL, Occ. Advocate, R/o.18-4-798, Jangamet, Faluknama, Hyderabad - 53.

2. K. Madhu, Occ. Business, R/o.18-4-798, Jangamet, Faluknama, 1'l,Hyderabad - 53.

3. K. Anand, R/o.184-798, Jangamet, Faluknama, Hyderabad - 53.

4. K. Mukhesh, R/o.18-4-798, Jangamet, Faluknama, Hyderabad - 53.

5. K. Rakesh, R/o.18-4-798, Jangamet, Faluknama, Hyderabad - 53. .....PET|T|ONERs/ACCUSED no 1 to 5 AND

1. STATE OF TELANGANA, Through S.H.O., Falaknama Police Station, Represented by its Public Prosecutor, High Court, Hydqrgplq^ -..RESPONDENT/COMPLAINANT

2. K. Padma, R/o.18-4-798, Jangamet, Faluknama, Hyderabad - 53. RESPONDENT/DEFACTO COMPLAINANT 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 the proceedings in FlR.NO.42 OF 2018,on the file of the PS, Falaknama, Hyderabad against the Petitioners/A-1 to A-5 l.A. NO: 1 OF 2018 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 the further proceeding in FIR No .

42 OF 2018'on the file of the PS, Falaknama, Hyderabad against the petitioners/A-'1 to A-5 including appearance of petitioners ,pending disposal of the above Criminal Petition This Petition coming on for hearing, upon perusing the Memorandum of Grounds of Criminal Petition and upon hearing the arguments of Sri P VINOD KUMAR ,Advocate for the Petitioners and the Assistant Public Prosecutor on behalf of the Respondent No.1 and of Sri MD. SALEEM, Advocate for the Respondent No.

r) THE HON'BLE SRI JUSTICE E. V. VENUGOPAL CRIMINAL PETITION No.4499 OF 2Ol8 ORDER:

The present Criminal Petition is filed under Section 482 of Code of Criminal Procedure, 1973 (for short, 'Cr.P.C.J by the petitioners/accused Nos. 1 to 5 seeking to quash proceedings against them in Crime No.42 of 2018 on the Iile of the Station House Officer, Falaknama Police Station, Hyderabad, registered for the offences punishable under Sections 448, 427, 323, 34L and 506 read with 34 of the Indian Penal Code, 1860 (for short 1PC).

2.

Heard Sri P.Vinod Kumar, learned counsel for the petitioners as well as Sri E.Ganesh, learned Assistant Public Prosecutor appearing for respondent No.l-State and Sri MD.Saleem, learned counsel for respondent No.2. Perused the record.

3.

Learned counsel for the petitioners ,rstlg submitted that thg parties herein are the parties in O.P.No. 1853 of 2011 and the disputes between the parties are civil in nature. He secondlg submitted that in respect of the disputed schedule

r\ property, a partition suit before the learned Civil Court vide O.S.No.355 of L996 is pending for final adjudication. He lastly submitted that there is no question of forgery as the said issue is decided in O.P.No.1853 of 2011 by the learned tria-l Court. Hence, he prayed the Court to allow the Criminal Petition.

4.

Learned counsel for respondent No.2 submitted that the petitioners not only created a fabricated will deed dated 14.08.2008 with an ill-intent to grab her valuable share in the disputed schedule property, but also threatened her with dire consequences. Hence, he prayed the Court to dismiss the Criminal Petition.

5.

Learned Assistant Public Prosecutor for respondent No.l-State submitted that a vacate stay petition was filed before the Court to permit the Police to conduct the investigation and this Court has allowed the same. He further submitted that the investigation has been commenced and as

) such, seeks to dispose of this criminal petition in terms of guidelines framed in Arnesh Kumar vs State of Bihart. 6.

Having regard to the submissions made by both the parties, this Court is of the considered opinion that the case is at the stage of investigation and as such, the petitioners got every chance to cooperate with the investigation to prove their case before the concerned Police. Hence, the respondent No. 1-Police is directed to conduct and conclude the investigation within a period of three (03) months from the date of receipt of a copy of this order, strictly by following the guidelines issued by the Hon'ble Supreme Court in Arnesh Kumar's case under Section 41-A Cr.P.C., (presently, 35(3) of the BNSS), any violation of the same shall be rriewed seriously. It is needless to mention that the respondent No.1/ Police would examine the material evidence before it and conduct the investigation as expeditiously as possible, preferably within three (03) months from the date of receipt of the copy of this order, as the subject matter is pending from the last six years and the petitioners are also directed to ' lzor+; 8 scc zz:

cooperate with the investigation and submit all the material available with them including the material pertaining to civil Court proceedings.

7 .

With the above observations, this Criminal petition is disposed of.

Miscellaneous Petitions, pending if any, shall stand closed.

Sd/- N. SRIHARI ASSISTANT GISTRAR //TRUE COPY// SE OFFICER \ To,

1. The XVI Additional Chief Metropolitan Magistrate at Hyderabad.

2. The Station House Officer, Falaknama, Police Station, Falaknama, Hyderabad 3 One CC to SRI P VINOD KUMAR Advocate [OPUC] 4, TWO CCs to the PUBLIC PROSECUTOR, High Court for the State of Telangana, at Hyderabad [OUT]

5. One CC to Sri MD. SALEEM, Advocate [OPUC]

6. Two CD Copies @*

/ HIGH COURT DATED:2410912O24 J$ .l d 1r IEU tu/{

ORDER

CRLP.No.,,[499 of 2018 Ar DE P .s DISPOSING OF THE CRIMINAL PETITION