Garikapati Kotamma v. Garikapati Rajyam

THE HON'BLE SRI JUSTICE RAJA ELANGO Criminal Petition No.2436 of 2016 ORDER:

This Criminal Petition is filed under Section 482 Cr.P.C. seeking to quash proceedings initiated against the petitioners/A-1 to A-3 in Crime No.239 of 2015 of Dachepalli Police Station, Guntur District registered for the offences punishable under Sections 420, 477 354 read with Section 34 IPC. Heard the learned counsel for the petitioners/A-1 to A-3 and the learned Public Prosecutor and perused the material available on record.

Admittedly, a quarrel took place between the petitioners and the 1st respondent being the family members with respect to the land belongs to the 1st respondent/de facto complainant and the dispute is purely civil in nature not involving any public wrong. The allegations of the complaint have to be necessarily investigated into by the investigating agency to find out the truth or otherwise of the same, but the same cannot be decided at the threshold. Having regard to the facts and circumstances of the case and also in view of the nature of offences alleged against the petitioners, this Court is not inclined to interfere with the proceedings against the petitioners/A-1 to A-3. However, in view of the submission of the learned counsel for the petitioners that the petitioners/accused are apprehending of their arrest in view of pendency of the above crime, the Dachepalli Police are directed to complete the investigation without arresting the petitioners/accused 1 to 3 and file the final report in accordance with law. The petitioners/A-1 to A-3 are directed to appear before

the Investigating Agency as and when their presence is required and cooperate with the Investigating Agency.

With the above direction, the Criminal Petition is dismissed. Consequently, miscellaneous petitions, if any, pending, shall stand closed.

_________________ RAJA ELANGO, J Date: 25-02-2016 Ksn