Disposed

P.Venkat Reddy, Nalgonda Dt., v. State of Telangana, Rep Pp and Anr.

Telangana HC7 Aug 2023CRLP/6355/2014

Case brief

AI extract

What is this about?

High Court disposed of a petition under Section 482 Cr.P.C. seeking to quash criminal proceedings in a property dispute. Instead of quashing, the Court directed strict investigation procedure and investigation within three months.

What did the court decide?

Directed police to follow strict procedure under Section 417 Cr.P.C. and conduct investigation within three months.

P.Venkat Reddy, Nalgonda Dt., Vs State of… — Civil Procedure and Limitation | Telangana HC (2023)

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IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD

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MONDAY, THE SEVENTH DAY OF AUGUST TWO THOUSAND AND TWENTY THREE

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PRESENT

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THE HONOURABLE SRI JUSTICE E.V. VENUGOPAL

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CRIMINAL PETITION NO: 6355 OF 2014

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Betwee n:

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Putturu Venkat Reddy @ Putturu China Venkat Reddy S/o. Saidireddy, Hindu, Aged 45 Years, Private Employee, R/o. 2B-1073, Vidyanagar, Miryalguda Town and Mandal, Nalgonda District.

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...PETITIONER

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AND

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The State Of Telangana, Rep. by the Public Prosecutor, High Court at Hyderabad.

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Putturu Pedda Venkata Reddy, S/o. Saidireddy, Hindu, Aged 50 years, Agriculture, Fl/o. Guduguntlapalem Village, Nareducharla Mandal, Nalgonda District.

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...RESPONDENT/COMPLAINANTS

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Petition under Section 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 quash the proceedings in Crime No. 146 of 2013 on the file of the PS., Miryalguda I Town, pending C.C.No. of 2013 on the file of the Principal Judicial First Class Magistrate, Irrliryalguda,ⁱⁿ the interest of^justice.

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CRLPMP. NO: 5849 OF 2014

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Petition under Section 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 grant stay of all further^proceedings including the arrest^{in Crime} No. 146 of 2013 on the file of the PS^fvliryalguda 1 Town,^{pending C.C.No.} of 2013 on the file of the Prl. Judicial First^Class lvlagistrate, Miryalguda,ⁱⁿ the interest of^justice.

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CRLPMP. NO: 10574 )F 2014

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Petition under Section 482 of Cr.P.C praying that in the circumstances stated in the Memorandum of Grounds of Crinrinal Petition, tire Hi<1h Court may be pleased to vacate ihe interim stay granted on 13-06-11014 ir^tlrl.P.no. 6355 of 2O14 and consequent y dismiss the criminal petition.

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CRLPMP. NO: 10576^t)I: 2014

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Petition under Section 482 of Cr.P .C praying that in th': c rcumstances stated in the Memorardum of Grounds of Criminal Peti'ion,the High Court may be pleased to extend the interim order dated: 13.06.2(\14 prrs:;ed in CRLPMP No. 5849/2014 in CRLP No.6355/2014 in the interest of lustic€

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This Petition cc,ming on for hearing, upon perusing the [4ernorandum of Grounds of Criminal Petition and upon hearing the arguments of Sri P. RAJASEKHAR, Advocate for the Petitioner, Mr. VIZARA-IH ALl, Assistant Public Prosecutor on behalf of the Respondent No.^'l and of Sri PRADE:EP KUMAR KANDALA, Advocate frr the Respondent No. 2.

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The Court made the f< llowing: ORDER

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I I

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THE HONOURABLE SRI JUSTICE E. V. VENUGOPAL CRIMINAL PETITION NO.6355 OF 2014

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ORDER:

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The present Criminal Petition is filed under Section 482 of Cr.P.C. seeking to quash the proceedings in Crime No.146 of 2013 on the file of Police Station Miryalguda I town, pending C.C.No. of 2013 on the lile of learned Principal Judicial First Class Magistrate, Miryalguda lor the offences punishable under Sections. 2OO,419 and 506 of I.P.C. in the interests of^justice.

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Heard Mr. P. Rajasekhar, learned counsel for the petitioner and Mr. Yizarath Ali, learned Assistant Public Prosecutor appearing for the respondent State.

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The brief facts ol the case are that respondent No.2, who is the de facto complainant lodged a private complaint stating that he purchased land to an extent of 242 square yards covered by plot No.18 situated in survey No.74 of Venkatadripalem Village of Miryalguda Mandal under registered sale deed dated 22.Oa.1984. Respondent No.2 and petitioner are natural brothers. In the^year 2O11, petitioner requested respondent No.2 to^{give the said} registered sale deed as the petitioner intended to raise loan from bank by depositing the title deed. On such request, respondent

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No.2 gave the original titlc deed to pet ition,:r- or r 23.03.2O I l Later, petil ioner along rvitl-r their sistlr, r.r h,r rr-as also tlte ncighbourir g plot o\rner sold the propcr -v to onc Aldas Ycllamma. On kr-rovving lhc same, respondeni No.2 iodged it complairrt a4ainst the petitioner. He also filecl C,.ll.N,r.2O9 of 2Ol i on the file rf learned Prir-rcipal Junior Crvil - uCgc, Mir-valguda praf ing for decree of declaration of Litle ancl recovery of possession. l<:spondent No.2 also filed a privatc r:on'Lplaint before tl-re learned Judicial First Class Magistratc, Mrn alguda and the same is num bered a Crime No. 146 oi 20 1 3

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4 . Lcarne,l counsel for the petitioncr su bmit:; I hzr: respondent No.2 institute<I civil suit for declaration cl titlt: arrcl possession artd the said suit is pending. The matter is purt:ll civil in nature arid inv<>lves civil disputes between the pa'tiers sr,Lch as <:laiming right, title and interest over the immovrLble )roperty. Hence, continuation of criminal proceedings aga nst -he pctitioner IS illegal and atuse of process of law. Therefcre, s()eks to allorv the Criminal Pctil ion.

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Per cor tra, learned Assistant PublLc Pr or;e c -rtor would submit that this Court vide order dated 13.C,6 201 4 granted ir-rterim sta.r,, 1,f all lurther proceeding inclurling a:'re:;t in Crime

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No.146 of 2013 on the iile of P.S. Miryalgurder I tou,n, pending C.C.No. of 2013 on the file of learned Principal Judicial First Class Magistrate, Mirvalguda. In vier.r, ol the same, the investigation process has been stalled. Learned Assistant Public Prosecutor would further submit that by virtue ol the order dated 13.06.2014 passed by this Court, the investigation is not in progress and continuation of the criminal proceedings shall not cause any harm to the petitioner and therefore, seeks to pass appropriate orders.

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karned counsel for the respondent No. 2 filed vacate stay petition viz., Crl.P.M.P.No.1O574 of 2Ol4 seeking to vacate the interim stay granted by this Court. He further submitted that initiation of civil proceedings will not disentitle him to take criminal action. To prove the guilt of the petitioner a detailed trial has to be conducted as various issues are involved in the said crime. He further submitted that to avoid trial procedure, the petitioner has taken shelter under Section 482 of Cr.P.C. Therefore, submits that petitioner is not entitled lor any relief and therefore, seeks to dismiss the Criminal Petition.

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7 . In view of the submissions made by all the learned counsel, this Court is of the view that all alleged offences are^punishable

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-l

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\,ith l('ss than :;even vcars. ln the sard circu nstalrc:cs, sit-tcc the punishrnent pr escribcd for the oflences allege<l agrinst the petitio:rcr is iess than seven vcars, tvithout i{oing ilrto merits of the nr:r1tcr. thc respondent-Polic:e arc direct,rd to [ollou' strictl-v the proccclure . s contemplated under Sectior 41-r\ rf^(lr.P.C. as per thc guidclirres formulated by the Hon'ble Suprr:me Court in Arnesh Kumar o. State of Bihart scrupu loLrsl.,'. Ntcdless to mentior-r. anv dt viation in this regard u'ill be v:eu'ed s:riousll'.

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B. With thc rrbove direction, tl-rc Criminal Peliti,rr is disposed of. Thc ir-rvcsti lation authorities are direct,-'d tc cor duct the investigation u'i -hin three (3) months from the date of r( ceipt of a copy of the orc er-. Petitioner is directed to <:o-opr:rete u,ith the investigation authoritics and facilitate for speedy trial

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Miscellane ours Pctitions, pending if any, r;hzrll sl an<[ closcd

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SI/. C.^)FIAVEEN KUMAR /\SSIS TI.NT REGISTRAR

//TRUE COPY//

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SiECTION OFFICER