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Judgment
This Criminal Petition under Section 482 Cr.P.C. is filed seeking the Court to quash the proceedings in Crime No.92 of 2022 of Ananthagiri Police Station, Suryapet District.
Heard the submission of learned counsel for the petitioners/ Accused Nos.1 to 6 as well as the learned Assistant Public Prosecutor appearing for respondent No.1 – State.
In the light of the limited request made by learned counsel for the petitioners, issuance of notice to respondent No.2/defacto complainant is felt not necessary.
Learned counsel for the petitioners submits that the petitioners have not committed any offences much less the offences of mis-chief, criminal trespass, criminal intimidation and voluntarily causing hurt, which are punishable under Sections 447, 427, 324, 506 r/w. Section 34 IPC. Learned counsel also states that a civil suit was filed by respondent No.2/defacto complainant and the proceedings went on in respect of the same property basing on which the present complaint is given. He further states that the allegations that are laid in the complaint by the defacto complainant are all false. Learned counsel further submits that time and again the police personnel are calling the petitioners to the Police Station and, therefore, protection from arbitrary arrest of the petitioners by the police may be granted.
The learned Assistant Public Prosecutor did not raise any serious objection for granting such relief.
Having considered the submissions made, this Criminal Petition is disposed of with the following directions:
(1) The Station House Officer, Ananthagiri Police Station, Suryapet District/Investigating Officer shall not insist for personal appearance of the petitioners/ Accused Nos.1 to 6 during the course of investigation in Crime No.92 of 2022 of Ananthagiri Police Station, Suryapet District, unless their presence is required. In case such presence is required, notice has to be given in writing indicating the reason for which the presence of the petitioners/ Accused Nos.1 to 6 is sought for. However, it is made clear that investigation may go on.
(2) The Station House Officer, Ananthagiri Police Station, Suryapet District/Investigating Officer is directed to receive all the documents that would be produced by the petitioners in respect of the property that is involved in the dispute and then take action as provided under law.
As a sequel, miscellaneous petitions pending, if any, shall stand closed.