Udiga Rajaiah v. The State Of Telangana, And Another
IN THE HIGH COURT FOR THE STATE OF TELANGANA
AT HYDERABAD WEDNESDAY, THE TWENTY SEVENTH DAY OF JANUARY TWO THOUSAND AND TWENTY ONE PRESENT THE HONOURABLE SRIJUSTICE K. LAKSHMAN GRIMINAL PETITION NO: 7300 OF 2020 Between:
LJdiga Rajaiah, S/o Udiga Mallaiah, Aged. 33 years, Occ. Business, R/o H. No. 137-397, Anna Nagar, Baiamrai, Secunderabad. ... Petitioner/Accused AND '1. The State of Telangana, represented by Public Prosecutor, High Court, at Hyderabad.
...RespondenUComplainant
2. Prakash Babu K, S/o. Shankaraiah, Aged about 60 years, Occ. Business, R/o. H. No.1-14-49, Alwal, Lothkunta, Cyberabad, Telangana. ...RespondenUDefacto 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 proceedings in Crime No.533 and 2020 of Police Station Alwal, Cyberabad.
LA. NO: 2 OF 2020 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 direct the SHO Police Station Alwal, Cyberabad to follow Section 41 (A) Cr.P.C in Crime No.533 of 2020.
This Petition coming on for hearing, upon perusing the Memorandum of Grounds of Criminal Petition and upon hearing the arguments of Sri M. V. Raj Kumar Gabriel, Advocate for the Petitioner and the Public Prosecutor on behalf of the Respondent No. 1 The Court made the following: ORDER
THE HONOURABLE SRI JUSTICE K. LAKSHMAN CRIMINAL PETITION No.73()0 0F 2020 ORDER:
This application is filed under Section 482 Cr.p.C., to quash the proceedings in Crime No.533 of 2020, pending on the file of Alwal Police Station, Cyberabad Commissionerate. The petitioner herein is the sole accused in the above said crime. The offences alleged against the petitioner are under Sections 447 and427 of lPC.
2.
Heard learned counsel for the petitioner and learned Public Prosecutor. Perused the record.
3. A perusal of the complaint dated 10.10.2020 would reveal that there are disputes between the petitioner and respondent No.2 with regard to house property i.e., H.No.130-828 /2 / 1 , situated at Shiva Nagar, Alwal. The said disputes are civil in nature. The petitioner herein has filed a suit vide O.S.No.1355 of 2017 against one L.Janardhan and another and the same was decreed by the I Additional Senior Civil Judge, Ranga Reddy District at L.B.Nagar vide judgment dated 21.08.2019. The petitioner also filed E.p.No.2Ol of 2O20 seeking execution of the said judgment and decree in O.S.No.1355 of 2017. The said facts would reveal that there are civil disputes between the petitioner and respondent No.2.
Considering the said facts and also the fact that the offences alleged against the petitioner are bailable' the Criminal Petition is disposed of directing the Investigating Officer in Crime No.533 of 2O2O of Aiwal Police Station' Cyberabad Commissionerate, to follow the procedure laid underSection4l-AofCr'P'C',andalsotheguidelinesissued by the Apex Court in Arnesh Kumat v' State of Bihar and anotherr.Thelnvestigatingofficerisfurtherdirectednotto arrest the petitioner ti1l completion of investigation and filing of final sheet. Miscellaneous petitions pending' if any' shall stand closed.
SD/. B. SATYAVATHI ASSISTANT REGISTRAR (,_ L SECTION OFFICER I (2014) 8 SCC 273 ,TRUE COPY// To, The XXlll Metropolitan Magistrate, at Medchal Court, Cyberabad, Medchal District.
The Station House Officer, Alwal Police Station, Cyberabad. Two CCs to the Public Prosecutor, High Court for the State of Telangana, at Hyderabad [OUT] One CC to Sri M. V. Raj Kumar Gabriel, Advocate [OPUC] Two CD Copies MMK {
HIGH COURT KLJ DATED:2710112021 iA ' a-'
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ORDER
CRLP.No.7300 of 2020 DISPOSING OF THE CRIMINAL PETITION 1, I I l