Smt. Athari Osman, v. The State Of Telangana.,

HON'BLE Smt. JUSTICE ANIS Criminal Petition No.14174 of 2016 ORDER:

This Criminal Petition is filed by petitioners, under Section 482 Cr.P.C, seeking quashing of investigation in Crime No.130 of 2016 of Adilabad-I Town Police Station, Adilabad District, registered for the offences punishable under Sections 120(B), 420, 465, 468, 471, 506 read with Section 109 I.P.C..

The 2nd Respondent - de facto-complainant alleged in the complaint that he after his retirement received good amount during his tenure and has invested all his savings in the name of his deceased eldest son Shafiuddin Khursheed with an understanding that he would divide the benefits among his brothers and sisters and having sufficiently earned, purchased the house at Masab Tank, during his life time and agreed to share the benefits and promised to pay among all the joint family members, but due to the demise of the said Khursheed on 29-01-2015 his daugher-in-law/A1 and her children created an agreement dated 11-07-2015 allegedly releasing his share of profits and trying to alienate the properties and thus cheated him. The learned counsel for the petitioner contends that comprehensive civil suit is pending before the District Court, Adilabad and the 2nd Respondent failed to obtain any injunction in I.A.No.1505 of 2016 and as a counterblast, he filed the present complaint without any basis and the allegations made by him are false.

On the other hand, learned Additional Public Prosecutor opposed the Criminal Petition contending that, since the investigation is still going on, the question of quashing investigation does not arise. In view of the facts and circumstances of the case, this Court is not inclined to interfere with investigation. However, the Station House Officer, Adilabad-I Town Police Station, Adilabad District, is hereby directed not to arrest petitioners - accused Nos.1,2 & 4 to 11 in crime No.130 of 2016 till completion of investigation or, filing of charge sheet or final report. With the above direction, the Criminal Petition is disposed of. Consequently, Miscellaneous Petitions, if any, pending in this Criminal Petition shall stand closed.

__________ ANIS, J.

Date:29.09.2016 skmr