Disposed

Sri. Gella Laxminarayana and 2 others v. The State of Telangana and another

Telangana HC1 Mar 2021CRLP/998/2021

Case brief

AI extract

What is this about?

The High Court disposed of a petition under Section 482 Cr.P.C. concerning criminal proceedings in a property dispute. The Court barred the arrest of petitioners pending investigation and directed the Investigating Officer to consider their explanation.

What did the court decide?

Arrest of petitioners barred pending completion of investigation; Investigating Officer directed to consider reply dated 05.02.2021.

Sri. Gella Laxminarayana and 2 others Vs The… — Criminal Trial and Appeal | Telangana HC (2021)

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IN IHE HIGH COURT FOR TH F S7^7E ^- _- E STATE OF TELANGANA AT HYDERABAD

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IUONDAY rwoiHoJNnTJXTJ#."^i#ffi ,"J

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PRESENT

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THE HONOURABLE SRI JUSTICE K.LAKSHMAN

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cRr MIN AL PE TITIO N NO: 998 0F 2021

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Between:

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Sri. Gella Laxminarayana, Sio. G. Ir,4urali, aged aboul 47 years. Occ. Business. , Si,j;"f..,,, Harini. D/o sr.-c"rij"'ir"rr;rr;;y:., ased about 21 years, occ 3. Smt Gella Archana. W/o., Sri. Gella Laxminarayana, aged about 36 years, Occ. House hotd^petirioners No ] 1o s iCnl". Frlf ruo,tO3,v.rrhi Residencv. SBt Cotony,Road No.4, Kothapet HyJ";;;;,j,i"rrisrn" State_500 035

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AND ...petitioner/Accused No.1 to 3

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1' The State of reranoana, represented by its pubric prosecutor, High court for the state Rachakonda of reranoanrr D-istrict at Tetdnginl Hvoi:rioio,-ir,id,igi'p;i;"'siri6;'il;dip'uriyl""'''"'Siri".^{""'" ' """}

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sri M. A. Hameed saberi, s/o. M. A. Rasrreej, ff""fr8i::lJ3]lc;;ntainant servicemen and secretary of Defence personar c-o-op H'ou;"^{'BuirJi"g'society} Limited, (DPCHBSL, Regd., trto.te_s). -offi c e at 1Bo,-illadhuri"ug;;; R K p;'rrr, SecunderqQad, Tetangana State, R/o. pan havati Cbtony, M"JGilr: U"Olfirr lValkajgiri District,Telahgana State.

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...Respondent No.2/De-facto Complainant

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Petition under seciion 482 of cr.P.c praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition, the High Court may be pleased to call for the records relating to Crime No. 16 of 2021 of Police Station l,4edipally, Rachakonda District, Telangana State, pending on the file of the learned 3rd I,4etropolitan [,4agistrate at L. B. Nagar, Hyderabad, Telangana State, and quash the same against the petitioners/ accused No.1 to 3.

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l.A. NO: 1 OF 2021

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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 stay all further proceedings including arrest of the petitioners/ accused No.1 to 3 in Crime No. 16 of 2021 of Police Station Medipally, Rachakonda District, Telangana State, on the file of the learned 3rd Metropolitan [/agistrate, at L.B. Nagar, Hyderabad, Telangana State, pending disposal of the above Criminal Petition.

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This Petition coming on for hearing, upon perusing the [r4emorandum of Grounds of Criminal Petition and upon hearing the arguments of Sri Bethi Venkateswarlu, Advocate for the Petitioners and the Public Prosecutor on behalf of the Respondent No.1 and of the Respondent No.2 not appearing in person or by Advocate.

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The Cout1 made the following: ORDER

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l. I

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THE HONOURABLE^{SRI JUSTICE K' LAKSHMAN}

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CRIMINAL^{PETITIONNo.99 8 0F 2021}

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ORDER:

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This petition is filed under^{Section482 Cr'P'C' seeking} to quash the proceedings^{in Crime No.16 of 2O2l on the file of} Medipally Police Station, Rachakonda District,^registered under Sections 42O,406,447,427 read with Section 34 IPC. The petitioners herein are Accused Nos.1 to A.3 in the above said crime.

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Heard the learned counsel for the petitioners as well as the learned Public Prosecutor.

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Perusal of the record would reveal that Defence personal Co-operative House Building Society Limited and others filed a suit in O.S.No. 1183 of 2O0O on the file ol the learned Principal Junior Civil Judge, Ranga Redcl1, District, against the vendors of the petitioners herein for perpetual injunction and the sarne was dismissed urde judgment and decree dated O3.|2.2OO7.In the said judgment, there is a specific finding that the plaintiffs therein miserably failed to prove that they are in possession of the schedule property on the date of the suit. According to the learned counsel for the petitioners, the said judgment attained finality and no appeal is preferred. He has also liled copies of documents including the sale deeds, gift deeds as well as the LRs proceedings. The petitioners have -also filed photo copies of electricitl. bills etc to show that they are in possession of the property.

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-__-

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?he Investigating Officer has issued notice to the petitioners under Section 41-A Cr.p.C. and they have already submitted their explanation on OS.O2.2O2l. According to the learned counsel for the petitioners, though the petitioners have submitted al1 the supporting documents, even without appreciating the same, the Investigating Officer in Crime No.16 of 2O2l is trying to apprehend the petitioners herein.

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The above facts u,ould reveal that there are disputes between the petitioners and the second respondent with regard to the said property.

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Considering the above stated facts^{and also the fact that} the punishment prescribed for the^{offences allegedagainst} the petitioners is imprisonment^{for a term of sevenyea-rsor} below seven years, this^{Criminal Petition is disposedof} directing the Investigating^{Officer in Crime No.16 of 2021on} the file of Medipally^{Police Station,RachakondaDistrict, to} consider the reply^{dated 05.02.2O2Isubmitted by the} petitioners to the notice^{issued underSection41-A Cr'P C'} Til1 completion of the^{investigationand filing of final report,} the Investigating^{Officeris further directednot to arrestthe} petitioners herein. Hou'ever,^{it ismade clear that the} investigation may^{go on and the petitionersshallcooperate} with the investigating^{Officer in concludingthe investigation} by furnishing the^{relevant documentsand information as} sought by the Investigating^Officer.

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-r/

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-1

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Pending^{MiscellaneousPetitions'if an1,, sha11 also closed}

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in the light^{of this final order'}

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//TRUE COPYi/

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SD/.B.SATYAVATHI ASSISTANT^REGISTRAR

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SECTION OFFICER

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to'',. ,n" lll tvletropolitan Magistrate' Rachakonda, at L'B' Nagar' Ranga Reddy District.

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z. ifre Siation^{HouseOfficer,PoliceStation ttiledipally, Rachakonda District'} 5. f*" CC. to tf,"^{public Prosecutor,High Court forthe State of Telangana,at} Hyderabad [OUT]

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One CC to Sri Bethi^{Venkateswarlu, Advocate} [OPUC]

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Two CD Copies

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HIGH^COURT

DATED:01^10312021

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ORDER

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CRLP.No.998 of 2021

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DISPOSING OF THE CRIMINAL PETITION

Sri. Gella Laxminarayana and 2 others v. The State of Telangana and another

Case brief

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Sri. Gella Laxminarayana and 2 others v. The State of Telangana and another

Case brief

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