IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD MONDAY .THE FIRST DAY OF IVARCH TWO THOUSAND AND TWENTY ONE PRESENT THE HONOURABLE SRI JUSTICE K.LAKSHMAN Between: ...PETITIONER/ACCUSED No.1 AND 2 Kuncham Rajamallu, S/o. Late. Ivlallaiah, aged 64 years, Occupation. Road Contractor (Private), R/o. Papireddy Colony, Chandanagar Sherilingampalli, Ranga Reddy District. .. Respondent / Complainant State of Telangana, Rep. by its Public Prosecutor, HiSh Courtf;Llftl.tEfi,, 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 against the petitioner in Crime No. 23 of 2020, on the file of the Moinabad Police Station, Cyberabad District. 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 stay all further proceedings, including the arrest of the petitioner, in Crime No. 23 of 2020, on the file of the Moinabad Police Station, Cyberabad District . This Petition coming on for hearing,upon perusing the fvlemorandum of Grounds of Criminal Petition and upon hearing the arguments of IM/S INDUS LAW FIRM ,Advocate for the Petitioner and the Public Prosecutor on behalf of the Respondent No.1 and None appeared for the Respondent No. 2 The Court made the following: ORDER N. Manohar Reddy, S/o N. Ramachandra Reddy, Aged 62 years, Occ. Business, 6- 2-47,Yeturi Towers AC Gaurds, Hyderabad. CRIMINAL PETITION NO: 1260 OF 2021 l.A. NO: 1OF 2021 / HONOURABLE SRI JUSTICE K. LAKSHMAN MINAL PETITION No.1 260 0F Z02t oRpER(ORAL): This Criminal Petition, under Section 4g2 of the Code of Criminal Procedure, 1973 (for short .Cr.p.C.,), is filed seeking to quash the proceedings in Crime No.23 of 2020 pending on the file of the Station House Offlcer, Moinabad police Station, Cyberabad District. The petitioner herein is accused No.l in the said Crime. The offences alleged against the petitioner are under Sections 420, 447 and 421 of the Indian penal Code, lg60 (fbr short .lpC,). 2. Heard learned counsel for the petitioner and leamed Assistant Public Prosecutor for the State. perused the record. 3. In the complaint dated 10.01.2020, respondent No.l _ de facto complainant has specifically mentioned that the petitioner herein is Managing Director of Happy Estates private Limited, Kanakamamidi Village and he has made a venture. In the said venture, respondent No.1 has purchased three (3) plots on 2g.O7.2OlO. Thereafter, on 08.01.2020, he came to know that the boundary stones were removed' Accused No.4 and others have trespassed into the said plots ofrespondent No.1 and they have rernoved the boundary stones. The allegation against the petitioner is that being Managing Director of the said Happy Estates Private Limitecl, he has sold the above said three plots in Survey Nos.623lF, 6Z3lG and 6231H to respondent No.l on 28.07 .2010 which were already sold to third parties. 2 4. -fhe above aspects would reveal that there are disputes between the petitioner and respondent No.l with regard to subject plots. The allegations against accused No.4 and others are with regard to trespass, damaging fencing and removing boundary stones. Thus, there are several aspects to be investigated into by the Investigating Officer during the course of investigation. 5. Considering the above aspects and also the aspect that the punishment prescribed for the offences alleged against the petitioner is imprisonment of seven years or below seven years, the Investigating Oitlcer in Crime No.23 of' 2020 pending on the file of the Station House Officer, Moinabad Police Statiorr, Cyberabad District, is directed not to arrest the petitioner herein - accused No.l. He is further directed to follow the procedure laid down under Section 4i-A of Cr.P.C. and also the guidelines issued by the Apex Court in Arnesh Kumar v. State of Biharr. It is made clear that the investigation may go on and the petitioner shall cooperate with the Investigating Officer by submitting the information and the documents, if any, as required by the Investigating Officer in concluding the investigation. 6. With the above directions, the Criminal Petition is disposed of at the admission stage itself. As a sequel thereto, Miscellaneous Petitions, if any, pending' in the criminal ctilion stand closed. 01 8 273 ,TRUE COPY// SECTION OFFICER To 1.The ll Additional Junior Civil Judge - cum- XVI Additional Metropolitan Magistrate , Cyberabad, Rajendranagar, Ranga Reddy- District. . - 2. The-Station H6use Officer, -l\iloinabad Police Station, Cyberabad, Ranga Reddy District. s. iwo CCs to public prosecutor, High Court for the State of Telangana at Hyderabad. (our) 4. bne CC to N'I/S INDUS LAW FIRN'I, Advocate [OPUC] 5. Trvo C,D.copies Sd/-K.AMMAJI ASSrsrANr R&ilsrRAR \ HIGH COURT KLJ DATED:01 10312021 ORDER CRLP.No.1260 of 2021 DISPOSINC OF THE CRL.PETITION AT THE STAGE OF ADMISSION. t ?pU 0gMAH 2021 * * TAre: S E H o .b DF C Dr