THE HON’BLE SRI JUSTICE P.SWAROOP REDDY CRIMINAL PETITION No.10326 OF 2009 Dated : 10.12.2009 Between : Dr.D.Sudhakar Rao ….. Petitioner/A.1 a n d The State of A.P. & another ….. Respondents THE HON’BLE SRI JUSTICE P.SWAROOP REDDY CRIMINAL PETITION No.10326 OF 2009 ORDER : This criminal petition under Section 482 Cr.P.C. is filed by the petitioner/A.1 seeking to quash proceedings against him in crime No.675 of 2009 of Madhapur (Guttala Begumpet) Police Station, Cyberabad, registered for the offence punishable under Sections 341, 447 and 427 I.P.C. and Sections 3 and 5 of Land Grabbing Act. 2) Heard. 3) As per the complaint, the petitioner along with A.2 has encroached the public passage and also the site belonging to the second respondent. As such, it is not a fit case for granting any relief. But, the order dated 04.12.2009 in Crl.P.No.10230 of 2009 filed by A.2 was granted by this Court as the copy of the complaint was not available in that petition and as the material available therein did not reveal the exact allegations against the petitioner therein. Further, as the words mentioned in F.I.R. “occupied 40 feet road as compound wall” did not constitute any meaning, the relief of not to arrest the petitioner therein till filing of charge sheet was granted. 4) Now, the F.I.R. along with copy of the complaint is available on record, which reveals that both the accused have not only encroached the site of the complainant, but also encroached the public road. As such, it is not a fit case for granting any relief. But, as this Court already passed an order in Crl.P.No.10230 of 2009 against A.2, different order cannot be passed with regard to the present petitioner/A.1. As such, in the above said circumstances, it is directed that the petitioner/A.1 shall not be arrested till filing of charge sheet, if any. The investigation and consequential steps on the basis of investigation can go on. 5) Further, in the circumstances of the case, it is also directed that the investigating agency shall complete the investigation within a period of one month from the date of receipt of a copy of this order. 6) Accordingly, the criminal petition is disposed of. ______________________ P.SWAROOP REDDY, J 10th December, 2009 Note : A copy of this order shall be communicated to the Public Prosecutor and Investigating Officer forthwith B/o. SUR