Amjad , Amjad Khan v. Shaik Azmath

THE HONOURABLE SRI JUSTICE RAJA ELANGO CRIMINAL PETITION No.5653 OF 2016 ORDER:

This petition is filed by the petitioners-accused Nos.1 and 2 under Section 482 Cr.P.C. seeking to quash the proceedings against them in Crime No.75 of 2016 on the file of Inthezargunj Police Station, Warangal District, registered for the offence punishable under Section 307 r/w 34 IPC.

Heard and perused the material available on record. It is alleged that while the brother of the 1st respondent was doing basement works in his land, the 1st petitioner, who is a neighbour raised a dispute in relation to the land and gave a complaint against the 1st respondent and his brother. On 28.2.2016 when the 1st respondent sat in his office, the petitioners came for talks and took him to opposite Learner's Land school and the 1st petitioner caught hold of his shirt collar, turned his right hand to rear side and hit on his chest. The 2nd petitioner took out knife from his pocket and tried to hit on his chest. When the 1st respondent resisted, he received a blood injury to his hand.

Learned Counsel for the petitioners submitted that the present complaint was filed by the 1st respondent as a counter-blast to the complaint lodged by the petitioners against him. Considering the facts and circumstances of the case and the allegations made against the petitioners, this Court is not inclined to grant the relief sought by the petitioners.

However, the 2nd respondent-police are directed to complete the investigation and file a final report, if any, without arresting the petitioners. In the event of necessity, the 2nd respondent-police are directed to issue notice to the petitioners to appear before the investigating agency for the purpose of investigation. On issuance of such notice, the petitioners are directed

to appear before the investigating agency and give an undertaking as to their future appearance as and when required for the purpose of investigation.

Accordingly, the Criminal Petition is disposed of. Consequently, miscellaneous petitions pending, if any, shall stand closed. ______________________ JUSTICE RAJA ELANGO Date : 20.4.2016 Nn

HONOURABLE SRI JUSTICE RAJA ELANGO CRIMINAL PETITION No.5653 OF 2016 DATED 20.4.2016 Nn