Pathalapalli Sridhar v. The State Of Telangana.,Rep.,Pp

THE HON'BLE SRI JUSTICE RAJA ELANGO Crl.P.No.6733 of 2016

ORDER

This petition under Section 482 Cr.P.C. is filed by the petitioners/A1 to A6 seeking to quash the proceedings in Cr.No.36 of 2016 of Bibi Nagar Police Station, Nalgonda District, registered for the offences punishable under Sections 452, 506, 379 r/w 34 IPC, against them.

2. It is alleged in the complaint that on 19.03.2016 at 1600 hours, A1, who is the ex-proprietor of M/s.Sridhar Enterprises Private Limited, along with the other accused came to the said mill, threatened the watchman of the mill, broke open the lock of the room and committed theft of bearings, jaw plates, spare motor, transformer and also one tipper, which were purchased by the de facto complainant in the auction conducted by the Bank of Baroda. Based on the complaint, the aforesaid crime was registered against the accused.

3. Since the matter arising out of civil dispute, truth or otherwise of the allegations made in the complaint can be ascertained by the investigating agency during the course of investigation. Therefore, this Court is not inclined to interfere with the impugned proceedings.

However, the police concerned are directed to complete the investigation without arresting petitioner Nos.1,2 & 4 to 6/A1,A2 & A4 to A6 except petitioner No.3/A3, who is stated to be

in judicial custody, and file a final report, if any, in accordance with law. The petitioner Nos.1,2 & 4 to 6/ A1,A2 & A4 to A6 are directed to appear before the investigating agency as and when required and cooperate with the investigating agency.

4. With the above direction, the Criminal Petition is disposed of. Miscellaneous petitions, if any, pending in this criminal petition shall stand closed. _______________ RAJA ELANGO, J 28th April, 2016 sj