Smt. O. UmaDevi , V. Umadevi v. The Station House Office and Another
Court: High Court for State of Telangana
Bench: T.VINOD KUMAR
Judgment date:
Case summary
High Court for State of Telangana judgment dated 2020-12-15. Smt. O. UmaDevi , V. Umadevi v. The Station House Office and Another. Read the judgment and...
Judgment text
IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD TUESDAY, THE FIFTEENTH DAY OF DECEMBER TWO THOUSAND AND TWENTY PRESENT THE HONOURABLE SRI JUSTICE T. VINOD KUMAR CRIMINAL PETITION NO: 6256 OF 2020 Between: O. Uma Devi @ V. Umadevi, W/o. O. Surendar, aged about 40 years, R/o. H. No 6-5-411, Hanuman Temple, Balanagar, Hyderabad -500042. ... Petitioner AND 1. The Station House Office, Balanagar Police Station, Cyberabad, represented its Public prosecutor, High Court of Telangana, Hyderabad. 2. Y . Yijay Kumar, S/o Late. V. Sayulu, Occ. HDFC Branch lt4anager, age 42 years, N/o. H. No. 6-5-411, Hanuman Temple, Balanagar, Hyderabad -500042. Presently Residing address. D. No. 201, Thirumala Nilayam, H. No. 7-1-40, Ferozguda, Secunderabad-50001 1 . ... Respondents Petition under Section 482 of Cr. P. C praying that in the circumstances stated in the firlemorandum of Grounds of Criminal Petition, the High Court may be pleased to call for the records relating to the FIR vide Cr. No.
412 of 2020 daled. 6111l2O20 of Police Station Balanagar and quash the said FIR as the same is illegal and amounts abuse process of law since the Petitioner/Accused no. 2 herein has not committed any offences as alleged by the Respondents herein. l. A. NO: 1 OF 2020 Petition under Section 482 of Cr. P. C praying that in the circumstances stated in the lt/emorandum of Grounds of Criminal Petition, the High Court may be pleased to inter alia grant stay on all further proceedings including the arrest and appearance of the Petitioners/Accused No. 2 in connection with the FIR vide no. 412 of 2020 dated. 6/1 1l2O2O of Police Station Balanagar pending disposal of the main Criminal Petition. This Petition coming on for hearing, upon perusing the Memorandum of Grounds of Criminal Petition and upon hearing the arguments of Sri M. Venkata Swamy, Advocate for the Petitioner and the Additional Public Prosecutor on behalf of the Respondent No. 1 and of the Respondent No.
2 not appearing in person or by Advocate. The Court made the following: ORDER THE HON'BLE SRI JUSTICE T. VINOD KUMAR Criminal Petitio n No. 6256 of2O2O ORDER The present Criminal Petitron is filed undcr Section 482 of Cr. P. C. seeking to quash the FIR No. 412 of 2O2O dated 06. ll. 2O2O of l-3alanagar Police Station registered lor the offences punishable under Sections 448 and 506 read with Section 34 tPC wherein the petitioner is arrayed as sole accused 2. I-Ieard Sri M. Venkata Swamy, learned counsel for the petitioncr/accuscd and learned Additional Public Prosecutor appearing for the lirst respondent-State. Perused the material placed on record. 3. With thc consenl. of the learned counsel appearing for the parties, the criminal petition is taken up for hearing through Video Conferencing in the virtual Court today, i. e. , 15. 12. 2O2O. 'l'hc lcarncd counsel 4.
ior the petitioner would submit thaL the pctiLioner and thc de com plainant/ sccond rcspondent are facto brother and sister anrl there are inter se disputes pending betr,r,ecn thcm with regard to the partition of properties. The learned counsel lbr t. hc pctition(r lr'ould furt. he r submit that this FIon'ble Court in Writ Petition No. I 1909 of 2O2O also observed that the clisputes between the petitioner and the de complainant are civil in focto nattrrc and thus, the learned counsel for the petitioner submits that the continuation ol the present crime would be cle'arly an abuse of process o[ law. 5. I-lowever, after making initial submissions, the learned counsc. -l for thc petitioner r. rrould submit that the petitioner would cooperate with the investigation provided the petitioner is extcndcrl thc be ne lit of Section 41-A ol Cr. P. C. and also directing the lirst respondent/ rnvestigating agcncy not to tako an.
y c ocrcive action u,hile rnvestigating into the above crime rcgistered in order to bring out the truth. 6. The learned Additional Public Prosccutor, on the other hancl, would submit that the first respondent/ invcstigating agency r,t,ould issue notice under Section 4l-A of Cr. P. C. and would also follow the guidelines laid down by the Hon'ble Supreme Court in Arnesh Kumar a. Sta'te of Bihart. 7 . Having regard to the submissions made as above,. and also taking into consideration the fact that the petitioner and the de complainant are sisler and brothcr and also the cxistcnce ol facto inter se disputes between the petitioner and thc de facto complainant/ second respondent with regard to the partition of properties, this Court is of the view that the first respondent/ investigating agency can be directed to issue noticc under Scction 41-A of Cr. P. C. and also to strictly follow the guidelines laid down by the Hon'ble Supreme Court in Arnesh Kuma ls case (supra).
Further, the first responden t/ investigating agency shall not take any coercive action against the petitioner till filing of thc final report in the above crime on completion of the investigation. 8. Subject to the above observation and direction, the criminal petition is disposed of. Miscellaneous petitions, if any, pending ir-t this criminal petition shall stand closed. 8 scc 273 '(2014\ RAO Sd/-N. CHANDRAS EKHAR RAR ASSISTANT RE \ //TRUE COPY' SECTION OFFICER To, I The Xl Metropolitan tvlagistrate' Kukatpally' House officir, Balanagar Police Station, Cyberabad. 2 rh. st,tion of ptilf p? t"cutor' i" High Court for the State 3 Two CCs to the Addition,f Telangana, at Hyderabad IOUTI ic to Sri l\ri. Venkata Swamy, Advocate toPUCl 4 o. " Two CD CoPies IMMK HIGH COURT TVKJ DATED:1511212020 1EL4 s {$ ORDER . f + CRLP. No. 6256 ol 2020 l! c)\-i DISPOSING OF THE CRIMINAL PETITION
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