E. Venkateswara Rao vs The State of Telangana and another

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

(SHOW CAUSE NOTICE BEFORE ADMISSIOI9 IN THE HIGH COLIRT FOR THE STATE OF TELAIIGANA ATHYDERABAD'
MONDAY,THEFOURTHDAYOFAPRIL, -
TWOTHOUSANDAND TWENTYTWO z :PRESENT:
THE HON'BLE SRI JUSTICE K.LAKSHMAN CRIMINAL PETITION NOS: 3087 & 3089 OF 2022 CRL.P. NO. 3087 0F 2022:
Between:
E.Venkateswara Rao, S/o. E.Kotaiah, Petitioner/Accused No.2 AND l.
The State ofTelangana, rep. by Public Prosecutor, High Court ofTelangana, Hyderabad
2.
R. Manikantan, occ: Assistant General Manager, Venkata Praneeth Developers Private Limited, R/o. Mallampet Village, Dundigal Mandal, Ranga Reddy District.
Respondents/De facto Complainant WffiREAS the Petitioner above named through his Advocate Sri H.Venugopal, presented this Petition under Section 482 of Cr.P.C, praying that in the circumstances stated in the grounds filed in the Crl.P., the High Court may be pleased to quash the FIR. No. 276 of 2022, dated 29-03-2022 registered for the offences under Sections 420, 447, 427 lPC, on the file ofthe PS Dundigal, Cyberabad Commissionerate in the interest ofjustice;
I.A. NO. 2 0F 2022:
Petition under Section 482 of Cr.P.C., praying that in the circumstances stated in the petition filed therein, the High Court may be pleased to stay ofall further proceedings in FIR. No. 276 of 2022, dated 29-03-2022 registered for the offences under Sections 420, 447, 427 IPC on the file ofthe PS Dundigal, Cyberabad Commissionerate, including the arrest of the petitioner/A2, pending disposal of Crl.P. No. 3087 of 2022 on the file ofthe High Court.
CRL.P. NO.3089 0F 2022:
Between:
Peesari Mahender Reddy, Sio. P. Sanjeeva Reddy, Petitioner/Accused No. I AND l.
The State ofTelangana, rep. by Public Prosecutor, High Court ofTelangana, Hyderabad
2.
R. Manikantan, occ: Assistant General Manager, Venkata Praneeth Developers Private Limited, R/o. Mallampet Village, Dundigal Mandal, Ranga Reddy District Respondents/De facto Complainant WHEREAS the Petitioner above named through his Advocate Sri H.Venugopal, presented this Petition under Section 482 of Cr.P.C, praying that in the circumstances stated in the grounds filed in the Crl.P., the High Court may be pleased to quash the FIR. No. 276 of 2022, dated 29-03-2022 registered for the offences under Sections 420, 447, 427 lPC, on the file of the PS Dundigal, Cyberabad Commissionerate in the interest ofjustice;
LA. NO. 2 0F 2022:
Petition under Section 482 of Cr.P.C., praying that in the circumstances stated in the petition filed therein, the High Court may be pleased to stay ofall further proceedings in FIR. No.276 of 2022, dated 29-03-2022 registered for the offences under Sections 420,447,427 IPC on the file of the PS Dundigal, Cyberabad Commissionerate, including the arrest ofthe petitioner/A l, pending disposal of Crl.P. No. 3089 of 2022 on the file olthe High Court.
AND WHEREAS the High Court upon perusing the petition and memorandum of grounds filed herein and upon hearing the arguments of Sri H.Venugopal, Advocate for the Petitioners in both the petitions, and ofthe Public Prosecutor for Respondent No.l in both the petitions, directed issue ofnotice to the Respondent No.2 herein to show cause as to why this CzuMINAL PETITION should not be admitted.
You viz;
R. Manikantan, occ: Assistant General Manager, Venkata Praneeth Developers Private Limited, R/o. Mallampet Village, Dundigal Mandal, Ranga Reddy District.
are directed to show cause on or before 09.06.2022 to which date the case stands posted as to why in the circumstances set out in the petition and the memorandum of grounds filed therewith (copy enclosed) this CRIMINAL PETITION should not be admitted.
The Court made the following:

ORDER:

"Notice to 2'd respondent.

Personal notice is permitted. /

List on 09-06-2022, .

In the complaint the allegations against A-l is that he haq trespassed into the land belongs to the 2'd respondent in Sy.No.663 of Dundigal village. The allegation against A-2 is that he has given consent to the sale ofhis land admeasuring Ac.3-20 gts., '

of land in Sy.No.662 in terms, of MOU.

Sri H. Venugopal, learned counsel for the petitioners would submit that A-2 never entered into any MOU and he has not given consent to sell the land and he is nothing to do with the land in Sy.No.662 and he is owner of land in Sy.No.663 admeasuring Ac.3-20 gts, In the complaint it is also alleged that the petitioner hcr€in has already entered into an agreement in the year 2017 to sell the land to the 2od respondent.

Sri H. Venugopal, learned counsel for the petitioners, on instructions, would submit that A-2 never entered into any agreement of sale either in 2017 or thereafter with 2nd respondent to sell his land admeasuring Ac.3-20 gts., in Sy.No.662 ofDundigal village. Thus, there are several factual aspects to be investigated into by the Investigating Officer during the course of investigation. Prima facie, the contents ofthe complaint lacks the ingredients of offence under Section 420 of IPC against A-2. The punishment prescribed for the offences alleged against the accused is below 7 years. The other 2 offences under Sections 447 and 420 ofIPC are bailable offences.

Referring to the notice dated 29-03-2022 issued by the Investigating Officer under Section 41-A of Cr,P,C., to A-1 learned counsel for the petitioners would submit that in the notice itself the Investigating Officer has come to a conclusion that prima facie the A-l has committed the offences punishable under Sections 420 and 447 oIIPC.

Therefore, the said notice is defective.

In view of the same, matter requires examination.

Therefore, th€ Investigating Officer in Crime No.276 of 2022 pending on the file of Dundigal Police Station, is directed to strictly follow the procedure prescribed in Section 41-A of Cr,P.C. and also the guidelines issued by the Hon'ble Apex Court in Arnesh Kumar's case. Till completion of investigation and filing of linal report the Iuvestigating Officer is further directed not to arrest the petitioners herein /A-1 and A-2 only."

K.ONESINI ASSISTA ISTRAR //TRUE COPY// .-'l SEC:IIO OFFICER To I The XXI Metropolitan Magistrate, Cyberabad, Medchal, Medchal District.

2 The Station House Officer, Dundigal Police Station, Cyberabad.

3 R. Manikantan, occ: Assistant General Manager, Venkata Praneeth Developers Private Limited, R/o. Mallampet Village, Dundigal Mandal, Ranga Reddy District.

(by RPAD- along with a copy ofpetition and memorandum ofgrounds)

4 Two CCs to the Public Prosecutor, High Court for the State ofTelangana, Hyderabad (our)

5 Two CCs to Sri H.Venugopal, Advocate [OPUC]

6 One spare copy HIGH COURT KL,J DATE:04-04-2022 NOTE: POST O\ 09-06-2022 NOTICE BEFORE ADMISSION cRr.P. NOS.3087 & 3089 0F 2022 Nf;?flt

0 DIRECTION

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