G. Sudhakar Reddy v. The State Telangana

HONOURABLE SRI JUSTICE RAJA ELANGO WRIT PETITION No.40311 OF 2016 ORDER:

The present writ petition is filed by the petitioners seeking to declare the action of the 2nd respondent in registering Crime No.686 of 2016 of Madhapur Police Station, Cyberabad, Ranga Reddy District, registered for the offences punishable under Sections 448, 506, 342 and 379 r/ w.34 IPC, as illegal and arbitrary, and consequently, quash the proceedings against them.

Heard and perused the material available on record. The allegation against the petitioners is that in the early hours on 13.11.2016, they came to the restaurant, which is run by the daughter of the de facto complainant, and threatened the de facto complainant and her daughter with the point of knife and took away the furniture and fridge, kitchen utensils etc., in the restaurant, due to some disputes between the 1st petitioner and one Sudharshan Reddy. The main grievance of the petitioners is that the present complaint has arisen out of some civil disputes between the 1st petitioner and one Sudharshan Reddy, and that the daughter of the de facto complainant in collusion with said Sudhashan Reddy claiming the property and there are civil suits also pending.

The petitioners filed this writ petition challenging the investigation in the above crime. Even though this Court is not inclined to interfere with the proceedings in the above Crime, however, taking into consideration the grievance of the petitioners, without going into the merits of the case, this Court is of the view that the investigation in the above crime can be completed, without arresting the petitioners.

Accordingly, the 2nd respondent is directed to complete the investigation and file a final report, in accordance with law in either way, without arresting the petitioners. The petitioners are directed to appear before the investigating officer concerned and execute a bond for a sum of Rs.5,000/ - (Rupees five thousand only) each with one surety for the like sum each to the satisfaction of the Station House Officer concerned, as surety for their future appearance as and when called for the purpose of investigation.

With the above directions, the Writ Petition is disposed of. No costs. Consequently, miscellaneous petitions pending, if any, shall stand closed.

______________ RAJA ELANGO, J November 22, 2016.

KTL