P. Laxmaiah v. The State Of Telangana.,Rep.,Pp

THE HON'BLE SRI JUSTICE T.SUNIL CHOWDARY CRIMINAL PETITION No.13572 of 2015 ORDER:

This petition is filed under Section 482 Cr.P.C. to quash the proceedings against the petitioners/A.1 to A.3 in Crime No.371 of 2015 on the file of the Station House Officer, Raidurgam Police Station, Cyberabad, registered for the offences under Sections 427 and 447 I.P.C. and Sections 3 and 4 of the A.P. Land Grabbing (Prohibition) Act.

2. Heard the learned counsel for the petitioners and the learned Public Prosecutor representing the State.

3. A perusal of the record reveals that the petitioners are accused Nos.1 to 3 and the second respondent is the de facto complainant in Crime No.371 of 2015.

4. As per the allegations made in the complaint, the petitioners have illegally entered into the Government land an extent of Ac.5.00 guntas in Survey No.4/1 of Pokkalwada Village, Rajendranagar Mandal, Ranga Reddy District and demolished the newly constructed compound wall therein.

5. The contention of the learned counsel for the petitioners is that the land in question belongs to the petitioners as per the revenue records.

6. Whether the land in question belongs to the Government or the petitioners will come to light during the course of investigation only. While exercising the inherent power under Section 482 Cr.P.C., the Court has to take into consideration the allegations made in the complaint only. The Court is not justified in embarking upon an

enquiry as to probability, reliability or genuineness of the allegations made in the complaint at the initial stage of investigation. The material placed before the Court is prima facie sufficient to investigate into the matter in order to ascertain the truthfulness or otherwise of the allegations made in the complaint.

7. Having regard to the facts and circumstances of the case and also the principles enunciated by the Supreme Court in R.P.Kapoor v. [1] [2], I am of the State of Punjab and State of Haryana v. Bhajanlal considered view that it is not a fit case to quash the proceedings at the initial stage of the investigation.

8. The learned counsel for the petitioners submitted that the concerned Station House Officer may be directed not to arrest the petitioners till completion of the investigation.

9. Taking into consideration the facts and circumstances of the case, this Court is inclined to direct the Station House Officer, Raidurgam Police Station, Cyberabad, not to arrest the petitioners/A.1 to A.3 in Crime No.371 of 2015 till completion of the investigation.

10. With the above direction, the Criminal Petition is dismissed.

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

________________________ T.SUNIL CHOWDARY, J Date: 21.12.2015 Ivd [1] AIR 1960 SC 866 [2] AIR 1992 SC 604