High Court for State of TelanganaCRLP/2238/2016disposed of no costs

V.Maniamma v. K.Sadashiva Rao

2016-02-24Raja Elango3 pages

THE HONOURABLE SRI JUSTICE RAJA ELANGO CRIMINAL PETITION No.2238 OF 2016 ORDER:

This petition is filed by the petitioners-A1 and A6 to A10 under Section 482 Cr.P.C. seeking to quash the proceedings against them in Crime No.43 of 2016 on the file of Miyapur Police Station, Cyberabad, registered for the offence punishable under Sections 447, 427, 420, 188, 506 r/w 109 IPC.

Heard and perused the material available o record. It is alleged that the daughter of the de facto complainant purchased plot Nos.15 & 16 in Sy.No.21 of Madeenaguda village, Serilingampally Mandal and executed a GPA in favour of the de facto complainant as she is staying in USA. While so, A7 and A8 purchased this land from A1 to A6 at the instance of A9 and trespassed into the land and constructed rooms. The main ground raised by the learned Counsel for the petitioners is that after obtaining injunction order by the petitioners, the present complaint was lodged and that the present complaint has arisen out of civil disputes between the parties. The truth or otherwise of the allegations cannot be decided by this Court and this is a matter to be investigated into.

Therefore, this Court is not inclined to grant the relief sought by the petitioners. At this stage, the learned Counsel for the petitioners submitted that due to the pendency of the above crime, the petitioners apprehend arrest and harassment in the hands of the 1st respondent-police. In view of the above submission, the 1st respondent-police are directed to complete the investigation and file the charge sheet, if any, without arresting the petitioners. The petitioners are also directed to appear before the investigating agency as and when required and cooperate with the investigating agency. With the above direction, the Criminal Petition is disposed of.

Consequently, miscellaneous petitions pending, if any, shall stand closed.

______________________ JUSTICE RAJA ELANGO Date : 24.2.2016 Nn HONOURABLE SRI JUSTICE RAJA ELANGO

CRIMINAL PETITION No.2238 OF 2016 DATED 24.2.2016 Nn