Yousuf Baba , Mohd. Abdul Majid v. The State of Tealngana
Court: High Court for State of Telangana
Bench: T.VINOD KUMAR
Judgment date:
Case summary
High Court for State of Telangana judgment dated 2020-12-28. Yousuf Baba , Mohd. Abdul Majid v. The State of Tealngana. Read the judgment and case details...
Judgment text
IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD IVONDAY, THE TWENTY EIGHTH DAY OF DECEMBER TWO THOUSAND AND TWENTY PRESENT THE HONOURABLE SRI JUSTICE T. VINOD KUMAR RIMINAL PETITION NO: 6446 OF 202 Between: Yosuf Baba @ Mohd. Abdul ltlajid, s/o Mahboob Ali, age 52 years, Occu. Agriculture and Business, R/o. Elgandal Village of Kothapalli (H) Revenue lvlandal Karimnagar District at present residing in H. No. 2-7-702, IVlukarrampura, Ka rimnagar. Petitioner/Accused No. 1 AND 1. The State of Tealngana, represented Public Prosecutor, High Court of Hyderabad. 2. The SHO Kothapalli (Haveli), Karimnagar District. ... Respondents/Complainants 3. Burra lt/ahesh, s/o. Rajamallu, age 28 years, R/o Elgandal, Village of Kothapalli Revenue lt/landal Karimnagar District. ... Respondent/Defacto Complainant Petition under Section 482 of Cr. P. C praying that in the circumstances stated in the I\,4emorandum of Grounds of Criminal Petition, the High Court may be pleased to quash Cr. No.
185 of 2020 under Sec. 427 IPC r/w Sec. 34 IPC on the file of the respondent No. 2. l. A. NO: 1 OF 2020 Petition under Section 482 of Cr. P. C praying that in the circumstances stated in the tt4emorandum of Grounds of Criminal Petition, the High Court may be pleased to dispense with filing certified copy of FIR No. 185 of 2020 dated 03/10/2020 on the file of Office of respondent No. 2. l. A. NO: 2 OF 2020 Petition under Section 482 ol Cr. P. C praying that in the circumstances stated in the N,4emorandum of Grounds of Criminal Petition, the High Court may be pleased to grant stay of further proceedings in Crime No. 1B5 of 2020 on the file of the respondent No. 2 including the arrest of the petitioner in connection with said crime pending disposal of the above Quash Petition.
perusing the lVemorandum of This Petition coming on for hearing, upon Sri Ramesh and upon hearing the arguments of C Grounds of Criminal Petition Sagar,AdvocateforthePetitionerandtheAdditionalPublicProsecutoronbehalfof in person '1 3 and 2 and of the Respondent No not appearing the Respondent Nos. or by Advocate. The Court made the following: ORDER THE HON'BLE SRI JUSTICE T. VINOD KUMAR Criminal Petition No. 6 446 of 2020 ORDER: The present Criminal Petition is liled under Section 482 of Cr. P. C. , seeking to quash the Crime No' 185 of 2020, dated 3l. lO. 2O2OonthefileoftheStationHouseOfficer,Kothapalli (Haveli) Police Station, Karimnagar District, registered for the offences punishable under Section 427 read with Section 34 IPC' wherein the petitioner is arrayed as accused No' 1 (A' 1)' for the 2. Heard Sri C. Ramesh Sagar, learned counsel petitioner/A. 1 and learned Additional Public Prosecutor appearing for respondent Nos. 1 & 2. Perused the material placed on record' 3.
With the consent 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', 28'l2 2O2O' 4. The learned counsel lor the petitioner would submit that the entire dispute for which the present complaint has been lodged by lhe 3'd respondent/ cl e complainant is relating to a land facto admeasuring Ac. 3. 20 guntas' It is also submitted that there are inter se disputes pending before the competent court of civil jurisdiction between the petitioner/A' 1 and the de facto complainant. The learned counsel would further submit that in order to exert pressure on the petitioner/A' 1' the 3'd present complaint respondent/ d e facto complatnant has lodged the civil dispute' by_giving a criminal color to an otherwise the 5.
'ThelearnedAdditionalPublicProsecutor,ontheotherhand' wouldsubmitthatbasedonthecomplaintmadebythe3rd respondent/de complainant' the 2"d respondent police facto investigation authority has registered a complaint and is causing Additional Public Prosecutor does there into. However, the learned that there are inter se civil not dispute the claim of the petitioner competent court of jurisdiction disputes pending before the the 3'd respondent/de between the petitioner/A' 1 and facto complainant. 6. Having regard to the submissions made as above and considering the fact that the complaint relates to the land dispute, this Court is of the view that, while the respondent authority can proceed with the investigation into the crime registered, the respondent police authority can be directed to follow the procedure under Section 41-A of Cr. P. C. and also to follow the guidelines laid down by the Hon'bie Supreme Court in Anresh Kumar a' State of Blhart. 7.
In view of the above, the second respondent police authority is hereby directed to follow the procedure prescribed under Section 41-A of Cr. P. C. by issuing notice to petitioner while proceeding with the investigation in the above crime and also strictly follow the guidelines laid down by the Hon'ble Supreme Court in Arnesh Kumat's case (supra). It is needless to mention that the petitioner herein shall cooperate with the investigation and produce the necessary information and documents as and when required by the investigating agency. (zor+) ' s scc zrg 8. Subject to the above observation and direction, the criminal petition is disposed of. Miscellaneous petitions, if any, pending in this criminal petition shall stand closed. . B. SATYAVATHI sd/ ASSISTANT REGIS //TRUE COPY// SECTION OFFICER To, l. TheAdditionalJudicialFirstClassMagistrate'-atKarimnagar' Station' Karimnagar District' Ofticerl[<lffi'rfy"eo]t" 2.
The Station House State of Telangana' at punf ptoseiui"t ffigf' Court for the the ic 3. Two CCs to Hvderabad [OUT] sasar' Advocate [oPUC] 4 lil: #i; i,. i c. 'nu'"tn 5 . Two CD CoPies IVIMK HIGH COURT TVKJ DATED:2811212020 1 YIe s 14 o 0 6 JAl\l 2021 o * * ; +. i '.. 1-. ORDER CRLP. No. 6446 ot 2020 DISPOSING OF THE CRIMINAL PETITION )D>+ t\
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