Research › Search › Judgment

Telangana High Court · body

2020 DIGILAW 689 (TS)

Sanjeeva Reddy v. State Of Telangana

2020-09-10

K.LAKSHMAN

body2020
JUDGMENT K. Lakshman, J. - This application is filed under Section 482 Cr.P.C., to quash the proceedings in Crime No.68 of 2020, pending on the file of the Hayathnagar Police Station, Ranga Reddy District. The petitioners are A-1 to A-3 in the above said crime. The offences alleged against the petitioners are under Sections 447, 427, 504, 506 and 379 of IPC. 2. Sri Gajanand Chakravarthi, learned counsel for the petitioners, would submit that there are civil disputes pending between the petitioners and respondent No.2. The wife of accused No.2 filed O.S.No.40 of 2020 on the file of the Court of Junior Civil Judge at Hayathnagar for perpetual injunction against the de facto complainant and the Court below has passed status quo order in I.A.No.84 of 2020 in O.S.No.40 of 2020 on 22.01.2020. As a counter-blast to the same, the de facto complainant has lodged the present complaint on 25.01.2020. There is threat of arrest of the petitioners. Therefore, he sought a direction to the Police to follow the procedure laid down under Section 41-A of Cr.P.C., and the guidelines issued by the Hon ble Apex Court in Arnesh Kumar v. State of Bihar and another, (2014) 8 SCC 273 . 3. On the other hand, learned Assistant Public Prosecutor would submit that the allegations leveled against the petitioners are serious in nature and sought to dismiss the petition. 4. Admittedly, the wife of accused No.2 filed a suit before the Junior Civil Judge, Hayathnagar and the Court below has passed status quo orders on 22.01.2020. The de facto complainant has lodged the complaint on 25.01.2020 i.e., three days after the status quo order. The imprisonment prescribed for the offences alleged against the petitioners are below seven years. 5. Considering the said facts, and also the fact that the imprisonment prescribed for the offences alleged against the petitioners are below seven years, this Criminal Petition is disposed of directing the Police, Hayathnagar Police Station, Ranga Reddy District, to follow the procedure laid under Section 41-A of Cr.P.C., and also the guidelines issued by the Apex Court in Arnesh Kumar s case (supra). Meanwhile, the Police are directed not to arrest the petitioners. Miscellaneous petitions pending, if any, shall stand closed.