Jangaram Murthy v. The State Of Telangana And Another

IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD

THURSDAY ,THE THIRTIETH DAY OF JUNE , TWO THOUSAND AND TWENTY TWO PRESENT THE HONOURABLE SRI JUSTICE K.LAKSHMAN CRIMINAL PETITION NO: 5685 OF 2022 Between:

Jangaram Murthy, S/o. Janga Papaiah, Aged about. 52 years,.Occ. Business, RyoIH.No. 610/299, Gulmohar Park, Serilingampally, Ranga Reddy District, T S ...PETITIONERYACCUSED AND

1. The State of Telangana Represented by Public Prosecutor, Telangana High Court, Hyderabad.

2. Kumari Sridevi Reddy, Wo. Unknown, Age sO.years, Occ. Secrellrry PWW Community, R/o. Vili No. 18, Praneeth West Wood Association, Gopanpally Village, Serilingampally, R.R. District'

,..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 FIR No.663/2022 dated. 19/06/2022 on lhe file of P.S. Gachibowli offences under Sec. 448, 427 and 506 of IPC against the petition erlaccused by calling the entire records from the office the respondent No. t herein LA. NO:2 OF 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 the arrest in the entire proceeding of FIR including the investigation of petitioner/accused in FIR No.663/2022 dated. 1910612022 on lhe file of F.S. Gachibowli offences under Sec.

448,427 and 506 of lPC, against the petitioner herein, 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 SURESH sHlv SAGAR, Advocate for the Petitioner and the Assistant Public Prosecutor on behalf of the Respondent No.

THE HONOURABLE SRI JUSTICE K. LAKSHMAN CRIMINAL PETITION No. 5685 0F 2022 ORDER:

This Criminal Petition under Section 4g2 of the Code of Criminal Procedure, 1973 (for short ,Cr.p.C.,), is Iiled seeking to quash the proceedings in Cr.No.663 of 2022, pending on the file of Gachibowli police Station, Cyberabad. The petitioner herein is the sole accused in the said ciime. The offences alleged against him are under Sections 448 and 427 of lpC.

2. Heard the learned counsel for the petitioner and learned Assistant Public prosecutor for the respondents. Perused the record.

3.

Perusal of the record would reveal that the petitioner herein is also claiming right over plot No. I 7 admeasuring 300 sq.yards in Sy.No.124/kha situated at Gopanpally Village, Serilingampally Mandal, GHMC, Ranga Reddy District under a registered sale deed bearing document No.7525 of 2Ol9 dated, I2.OZ.2}lg. Now, the allegation again st the petitioner herein in the complaint I l *4"'

dated 19.06.2022 is that a group of unauthorized persons entered into PWW community and started' using JCB machinery to break the outer wall. Referring to the said sale deed, learned counsel for the petitioner would submit that there is no mention about the existence of the community hali. However, this is a factual aspect to be investigation into by the Investigating Officer during the course of investigation. Investigating Officer has already invoked the procedure laid down under Section 41-A Cr.P.C by way of serving notice dated 20,06'2022' The petitioner herein had not submitted his explanation to the said notice.

4.

Considering the above said aspects, this Criminal Petition is disposed of directing the Investigating Officer in Cr.No.663 of 2022, pending on the file of Gachibowli Police Station, Cyberabad, to strictly follow the mandatory procedure contemplated under Section 41-A of Cr.P.C. and also the guidelines issued by the Honbie Supreme Court in Atnesh Kumar a. State of Blhart' Till ' (2014) 8 scc 273

,/z I completion of investigation and filing of final report, the Investigating Officer is further directed not to arrest the petitioner herein. However, it is made clear that the petitioner shall cooperate with the Investigating Officer by furnishing information and documents as sought by him in concluding the investigation.

Miscellaneous Petitions, pending if any, shall stand closed.

/ SD/-I.NAGALAKSHMI DEPUry REGISTRAR -tl .

SECTION OFFICER To, /iTRUE COPY//

1. The X Additional Metropolitan Magistrate Prashanthi Nagar, Kukatpally Police Station Cyberabad

2. he Station House Officer, Gachibowli Police Station Gachibowli, Cyberabad

3. Two CCs to Public Prosecutor High Court of Judicature at Hyderabad (OUT)

4. One CC to SRl. SURESH SHIV SAGAR Advocate [OPUC]

5. Two CD Copies SW

HIGH COURT DATED:3010612022 TAre:

S aa 0 2 Jljt 202

ORDER

.L I u.(4, * CRLP.No.5685 o12022 * P -a DISPOSING OF THE CRIMINAL PETITION r'

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