Mohammed Gufran Rabbani vs State Of Telangana

Heard learned counsel for the petitioner and learned Assistant Public Prosecutor appearing on behalf of respondent No.1 - State, and perused the

record.

The present Criminal Petition is filed by the petitioner under Section - 482 of Cr.P.C. seeking to quash the proceedings in Crime No.1326 of 2021

pending on the file of Rajendranagar Police Station, Cyberabad Commissionerate.

The petitioner herein is arraigned as accused No.1 in the said crime. The offences alleged against him are under Sections - 420, 468 and 471 read

with 34 of IPC.

Perusal of the record would reveal that pursuant to the complaint lodged by respondent No.2 herein with the Joint Sub-Registrar, SRO,

Rajendranagar, the said Joint Sub-Registrar lodged a complaint with the Police of Rajendranagar, who in turn registered a case in Crime No.934 of

2015 against the petitioner herein and others for the aforesaid offences. On the complaint lodged by respondent No.2 herein, the very same police

have also registered the present crime against the petitioner herein and others for the aforesaid offences.

Perusal of complaints in both the crimes would reveal that the allegations almost same except cause of action and few other factual aspects. Today,

on the submissions made by the learned Assistant Public Prosecutor in Crl.P. No.1267 of 2022 that the Investigating Officer in Crime No.934 of 2015

has already completed investigation and charge sheet is ready, this Court disposed of the said Criminal Petition directing the Investigating Officer in

Crime No.934 of 2015 of Rajendrangar Police Station, to strictly follow the procedure laid down under Section - 41A of Cr.P.C. and also the

guidelines issued by the Hon’ble Supreme Court in Arnesh Kumar v. State of Bihar (2014) 8 SCC 273, and further directed not to arrest the

petitioner therein till completion of investigation and filing of charge sheet.

Learned Assistant Public Prosecutor, on instructions, would submit that the Investigating Officer in Crime No.1326 of 2021 has recorded the

statement of respondent No.2 under Section - 161 of Cr.P.C. and the investigation is pending.

In view of the above said submissions and also considering the fact that punishment prescribed for the offences alleged against the petitioner is

below seven (07) years, the present Criminal Petition is also disposed of directing the Investigating Officer in Crime No.1326 of 2021 of Rajendrangar

Police Station, to strictly follow the procedure laid down under Section - 41A of Cr.P.C. and also the guidelines issued by the Hon’ble Supreme

Court in Arnesh Kumar v. State of Bihar (2014) 8 SCC 273. He is further directed not to arrest the petitioner herein till completion of investigation and

filing of charge sheet.

As a sequel, the miscellaneous petitions, if any, pending in the Criminal Petition shall stand closed.