HON'BLE SRI JUSTICE K.SURENDER
CRIMINAL PETITION No.15019 OF 2013
ORDER:
1. This Criminal Petition under Section 482 of the Code of Criminal Procedure, 1973 (for short 'Cr.P.C.'), is filed seeking to quash the proceedings in Crime.No.61 of 2013, pending on the file of Ghatkesar Police Station, Ranga Reddy District.
2. The petitioner herein is accused No.1 in the said crime. The offences alleged against him are under Sections 447, 427 and 506-II of Indian Penal Code.
3. Heard learned counsel for the petitioner and learned Assistant Public Prosecutor for the respondents. Perused the record.
4. The facts of the case are that the 2nd respondent/defacto complainant filed a complaint on 09.02.2013 interalia stating as follows;
"I, Lt.Col Pragathi Kumar Achanta (Retd.) Son of Dr.Upendra Rao Achanta, R/o.5C2, Jagruthi Residency, Street No.10, East Maredpally, Secunderabad 500026 submit the following few lines for your kind consideration and necessary action.
I submit that myself, along with others, am the owner and possessor of land in Sy.No.61, 68, 70, 71, 72, 74, 75, 77, 78, 79, 81 & 83, situated at Annojiguda Village, admeasuring 8 acres, having purchased the same through Registered Sale Deed in the year 1986.
Now Mr.B.Balraj Goud of Annojiguda village, Mr.Rajashekar Reddy and others, claiming through Alwala Narsimha, are trying to forcibly enter into the land to grab the same. Today, at about 10 A.M., they came with a group of people along with J.C.B and were trying to dig 2 trenches to occupy the same. When I made attempt to resist the illegal activity, they have threatened me with dire consequences. I request you take appropriate action against B.Balraj Goud & other's."
5. On the basis of the said complaint, FIR was registered.
6. Learned Counsel for the petitioner submits that the entire stretch of land is the subject matter of a civil suit vide OS.No.166 of 2003 which was decreed on 21.04.2008 by the II Additional District Judge, Ranga Reddy District, in favour of the plaintiff allotting Acres 8.17 guntas of land out of the total extent of land Ac.84.17 Gts. to be handed over to the plaintiff by meets and bounds. Against the said Judgment in OS.No.166/2003 the defendants filed A.S.No.528 of 2008 which is pending adjudication before this Court. He further submits that there are no details in the complaint as to how the defacto complainant had rights over the property when the said rights of the plaintiff and defendants is pending adjudication before the High Court.
7. When the land was not partitioned and handed over either to the plaintiff or respondents, how could the 2nd respondent gain any rights over the said property. The 2nd respondent had also not provided any documents to substantiate his right over the property. It is not in dispute that the land issues relating to the partition and the rights of the parties are pending adjudication before this Court vide AS.No.528 of 2008. Further, in the complaint it is vaguely submitted that he is the 3 owner of the said property along with others. However, no document is filed to substantiate his claim.
8. In the said circumstances, it cannot be said that the defacto complainant is owner of any part of the said land for which reason the allegation of trespass in committing the mischief does not arise and the petition has to be allowed and proceedings have to be quashed.
9. For the aforesaid reasons, the proceedings against the petitioner in Crime.No.61 of 2013, pending on the file of Ghatkesar Police Station, Ranga Reddy District, are quashed. However, any finding in the present application will have no bearing in the disputes between the parties.
10. Accordingly, the Criminal Petition is allowed.
As a sequel thereto, miscellaneous applications, if any, shall stand closed.
_________________ K.SURENDER, J Date:24.08.2022 tk 4 HON'BLE SRI JUSTICE K.SURENDER CRIMINAL APPEAL No.15019 OF 2009 Dated: 24.08.2022 tk