ILLAPOGU PADMA Vs. STATE OF TELANGANA

JUDGEMENT

(1.) This application is filed under Section 482 Cr.P.C., to quash the proceedings in Crime No.617 of 2020 pending on the file of Jawaharnagar Police Station, Rachakonda District. Petitioners herein are A-1 to A-5 in the said crime. The offences alleged against the petitioners are under Sections 504, read with Section 34 IPC, 3 (1) (s) of the S.C., S.T. POA Act and 92 (e) of the RPWED Act.

(2.) Sri M.Rathan Singh, learned counsel for the petitioners, would submit that the 1st petitioner has lodged a complaint against the 2nd respondent/de facto complainant. The said crime is pending investigation. He would further submit that there is one more complaint lodged by the 1st petitioner against the 2nd respondent. Admittedly, there are disputes between the petitioner and the 2nd respondent/de facto complainant. There is threat of arrest. Therefore, he sought a direction to the petitioners to follow the procedure laid down under Section 41-A Cr.P.C. and also the Guidelines issued by the Hon'ble Apex Court in Arnesh Kumar vs. State of Bihar and another , 2014 8 SCC 273. He placed reliance on an unreported judgment of the erstwhile High Court of A.P. in Rajulapati Ankababu v. the State of Andhra Pradesh, rep. by its Public Prosecutor, High Court of Judicature at Hyderabad, Crl.P.No.7468 of 2017 .

(3.) On perusal of the entire material papers, reveal that the 1st petitioner has lodged a complaint on 03-06-2020 with police, Jawaharnagar Police Station, against the 2nd respondent/ de facto complainant and who, in-turn, registered Crime No.429 of 2020 for the offences under Sections 448 and 506 IPC.