Pilla Venkata Rao v. The State Of Telangana

THE HONOURABLE SRI JUSTICE RAJA ELANGO CRIMINAL PETITION No.6195 OF 2016 ORDER:

This petition is filed by the petitioners-A2 to A12 under Section 482 Cr.P.C. seeking to quash the proceedings against them in Crime No.129 of 2016 on the file of Gajuwaka Police Station, Visakhapatnam District, registered for the offence punishable under Sections 34, 384, 447, 379, 506 r/w 511, 323 and 420 IPC.

Heard and perused the material available on record. It is alleged that on 4.4.2016 about 9 a.m., one Karri Veera Govinda along with 11 others came to the land of the 2nd respondent and obstructed them while construction work was in progress at their land and they beat the husband and son of the 2nd respondent with hands and legs and took away the construction material. They also threatened that they will leave the land, if she pays Rs.50 lakhs to them.

Learned Counsel for the petitioners submitted that there are no specific overt acts against the petitioners and that the petitioners No.7 to 11 filed a suit against the 2nd respondent and others and after receipt of notices in the civil suit, the 2nd respondent lodged a false complaint. He further submitted that the alleged incident took place on 4.4.2016 and the complaint was lodged on 7.4.2016 and that the petitioners are falsely implicated in the above crime. 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 them. However, the 1st respondent-police concerned are directed to complete the investigation and file a final report, if any, without arresting the petitioners. In the event of necessity, the 1st 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 : 25.4.2016 Nn HONOURABLE SRI JUSTICE RAJA ELANGO

CRIMINAL PETITION No.6195 OF 2016 DATED 25.4.2016 Nn