Telangana High Court

CRLP/14009/2015 of Madamanchi , Yadamanchi Anil Kumar Vs The State of A.P.,rep.,PP on 30 December 2015

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SRI JUSTICE T.SUNIL CHOWDARY CRIMINAL PETITION No.14009 of 2015 ORDER: This criminal petition is filed under Section 482 of Cr.PC to quash the proceedings against the petitioners/A4, A9 and A10 in Crime No.431 of 2015 on the file of the Station House Officer, Pedakakani Police Station,

THE HON’BLE SRI JUSTICE T.SUNIL CHOWDARYCRIMINAL PETITION No.14009 of 2015

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ORDER:

This criminal petition is filed under Section 482 of Cr.PC toquash the proceedings against the petitioners/A4, A9 and A10 inCrime No.431 of 2015 on the file of the Station House Officer,Pedakakani Police Station, Guntur Urban, registered for the offencesunder Sections 420, 467, 468, 323 and 506 read with 34 IPC.

2. Heard learned counsel for the petitioners and learned PublicProsecutor representing the State.

3. The petitioners are A4, A9 and A10 and second respondent is defacto complainant in Crime No.431 of 2015. As per the allegationsmade in the complaint, the petitioners herein along with others createdfalse documents in respect of the land belongs to the secondrespondent. It is further alleged that on 12.12.2015 at 12.30 PM, thepetitioners along with others trespassed into the land of the secondrespondent and threatened him with dire consequences. A perusal ofthe record reveals that civil suits are pending between the parties.Whether the petitioners have committed the alleged offences or not willcome to light during the course of investigation.

4. It is a settled principle of law that the Court has to take intoconsideration the allegations made in the complaint while exercisingthe inherent power under Section 482 Cr.P.C., in order to quash theproceedings. The allegations made in the complaint are primafaciesufficient to investigate into the matter.

5. Having regard to the facts and circumstances of the case and[1]also the principle enunciated in R.P.Kapoor v. State of Punjab,[2][3]State of Haryana v. Bhajan Lal,V.Y.Jose V State of Gurajat[4]and Teeja Devi v. State of Rajasthan,I am of the considered view that this is not a fit case to quash the criminal proceedings at thethreshold.

6. The learned counsel for the petitioners submitted that theconcerned Station House Officer may be directed not to arrest thepetitioners. Having regard to the facts and circumstances of the case,the Station House Officer, Pedakakani Police Station is herebydirected not to arrest the petitioners/A4, A9 and A10 till completion ofthe investigation in Crime No.431 of 2015.

7. With the above direction, criminal petition is dismissed.Miscellaneous Petitions, if any, pending in this Criminal Petition shallstand closed.

_________________________

T.SUNIL CHOWDARY, J.

December 30, 2015.

YS

[1]AIR 1960 SC 866AIR 1960 SC 866

[2]AIR 1992 SC 604AIR 1992 SC 604

[3](2009) 3 SCC 78(2009) 3 SCC 78

[4]2015 (1) ACR 564 (SC)2015 (1) ACR 564 (SC)

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