Degavath Surya, vs State Of Telangana

This criminal petition is filed seeking to quash the proceedings in Crime No.211 of 2020 pending on the file of Pet Basheerabad Police Station,

Cyberabad Commissionerate, registered for the offences punishable under Sections 420, 406 and 506 of I.P.C. The petitioners are accused Nos.1 and

2 in the said crime.

Heard the learned counsel for the petitioners and the learned Public Prosecutor. Perused the record.

On the complaint lodged by the 1st petitioner herein, the police, Pet Basheerabad P.S., has registered a case in Crime No.236 of 2019, dated

29.03.2019, against the 2nd respondent and others, for the offences under Sections 448, 453, 427 and 506 read with 34 of I.P.C. In the said case, the

police have already completed investigation and laid charge sheet against the 2nd respondent herein and others. On the complaint lodged by the 2nd

respondent herein, the police have registered the present case in Crime No.211 of 2020, dated 13.03.2020, against the petitioners for the offences

under Sections 420, 406 and 506 of I.P.C.

A perusal of the complaints in both the crimes would reveal that the allegations are with regard to the very same property. According to the learned

counsel for the petitioners, the property was sold on 15.12.2016 itself. Referring to the notice issued under Section 91/160 of Cr.P.C. to the 1st

petitioner in Crime No.211 of 2020, learned counsel for the petitioners would submit that the Investigating Officer cannot call for any incriminating

material from the accused persons. The said fact would reveal that there are several factual aspects to be investigated into by the Investigating

Officer during the course of investigation.

In view of the same, the Criminal Petition is disposed of directing the Police, Pet Basheerabad P.S., Cyberabad Commissionerate, to follow the

procedure laid down under Section 41-A of Cr.P.C., and also the guidelines issued by the Apex Court in Arnesh Kumar v. State of Bihar and another

(2014) 8 SCC 273. The petitioners shall co-operate with the investigating officer in concluding the investigation. Till the completion of investigation and

filing of charge sheet, the Police are directed not to arrest the petitioners herein. It is made clear that the Investigating Officer in Crime No.211 of

2020 is not having power to call for any incriminating material from the accused. Therefore, the Investigating Officer is directed not to call for any

incriminating material from the petitioners/A.1 and A.2 by way of issuing any notice under Section 91/160 of Cr.P.C.

Pending miscellaneous applications, if any, shall stand closed.