LINGALA HARI KRISHNA GOUD Vs. STATE OF TELANGANA,

JUDGEMENT

(1.) This petition is filed under Section 397 and 401 of Cr.P.C., questioning the property and legality of the order passed by the VIII Metropolitan Magistrate Cyberabad, Ranga Reddy, in Crl.M.P. No.112 of 2017 in Crime No.22 of 2017, dated 28.01.2017.

(2.) The respondent/Station House Officer, Shamshabad Police Station, filed a petition under Section 167(2)(b) of Cr.P.C., requesting to order police custody of the petitioner for a period of three days for collection or recovery of certain documents. The Court passed the impugned order permitting the police custody of the petitioner on 28.01.2017, directing the Station House Officer to produce the petitioner before the Magistrate at 10.30 a.m., on 30.01.2017.

(3.) The above said order is challenged mainly on the ground that the order is bereft of any reasons much less legal reasoning and on the second ground that earlier a Crime No. 210 of 2016 was registered against this petitioner on the identical allegations based on a complaint lodged by the same de facto complainant in respect of the same property and Civil Suits O.S.Nos.1581 of 2016 and 1582 of 2016 are pending before the VII additional Senior Civil Judge Court, Ranga Reddy District ad apart from that the petitioner filed writ petitioner in W.P.No.31267 of 2016 to quash the proceedings in Crime No.210 of 2016 and obtained interim order dated 14.09.2016, which is in force. But the Magistrate, without considering the material on record, passed the order impugned in this petition.