High Court for State of TelanganaCRLP/2995/2015dismissed

M.A. Raheem v. State Of Telangana,

2015-04-08Anis4 pages

THE HON'BLE MRS JUSTICE ANIS CRIMINAL PETITION No.2995 OF 2015 ORDER:

This Criminal Petition is filed by the petitioners/A-1 to A-5 under Section 482 Cr.P.C. seeking to quash the proceedings in Crime No.33 of 2015 of Hussainialam Police Station, Hyderabad, which was registered for the offences punishable under Sections 452, 448, 427, 324, 506 r/w 34 IPC.

2. Learned counsel for the petitioners/A-1 to A-5 states that the allegations in the complaint are false, the 2nd respondent/ de facto complainant is not the tenant of the 1st petitioner and the suit filed by him vide O.S No.2046 of 2010 on the file of the City Civil Court, Hyderabad was already dismissed. Therefore, he prayed the Court to quash the proceedings in Crime No.33 of 2015 on the file of Hussainialam Police Station, Hyderabad.

3. Learned counsel for the 2nd respondent submits that there are serious allegations against the petitioners and on 24.02.2015 the petitioners trespassed into the shop of the 2nd respondent which is being run in the name and style of M/s.Meena Zari Works for last 20 years in mulgi bearing No.20-4-1112/3-39/B, situated at Jullukhana, Ladbazar, Hyderabad and abused him in filthy language and thrown out costly material from his shop.

4. A perusal of the record shows that the investigation is still pending and charge sheet is not yet filed by the police. The petitioners were already arrested and released on bail. The complaint was filed on 24.02.2015 and a perusal of the complaint shows that serious allegations are made against the petitioners. Therefore, continuance of proceedings in Crime No.33 of 2015 is not abuse of process of law. Therefore, the petitioner is not entitled to quash the proceedings in Crime No.33 of 2015 of Hussainialam, Hyderabad.

5. Accordingly, the Criminal Petition is dismissed.

6. Consequently, Miscellaneous Petitions, if any, pending in this Criminal Petition shall stand closed.

_______________ JUSTICE ANIS Date:08.04.2015 knl THE HON'BLE MRS JUSTICE ANIS

CRIMINAL PETITION No.2995 OF 2015

DATE:08.04.2015 knl