Telangana High Court
Gali Venkanna vs The State Of Telangana on 21 December, 2023
THE HON'BLE SRI JUSTICE K. SURENDER
CRIMINAL PETITION No.10172 OF 2021
ORDER:
This Criminal Petition is filed by the petitioners/A1 & A2 to quash the proceedings in SC.No.119 of 2020 on the file of Special Sessions Judge for SC/ST Trial Cases at Nalgonda. The offences alleged against the petitioners are under Sections 447, 427, 506 r/w.34 of the Indian Penal Code, Section 3 (1)(r)(s) and Section 3(2)(va) of the SC/STs (POA) Amendment Act, 2015.
2. Heard both sides.
3. The case of the defacto complainant is that the petitioners herein, on 15.05.2019 trespassed into his premises and damaged the compound wall. When they were questioned as to why they demolished the compound wall, A1 went to the house of complainant and picked up a quarrel and abused them in the name of caste.
4. On the basis of the said complaint, the criminal complaint was filed. It was investigated and charge sheeted.
5. Learned Counsel appearing for the petitioners would submit that the land did not belong to the defacto complainant. In fact, Municipal Authorities also have found that the land belongs to the 2 accused. In the said circumstances, the question of petitioners trespassing into their own land does not arise.
6. On the other hand, learned counsel for the 2nd respondent/complainant would submit that the examination of witnesses in the trial Court is complete. Further, the complaint makes out a prima facie case for the alleged offences. In the event of complaint making out a case, the High Court cannot quash the proceedings under Section 482 by conducting a mini trial. She relied on the Judgments of Honourable Supreme Court in State of Haryana and others v. Bhajan Lal and others 1 and Manik B. v. Kadapala Sreyes Reddy & Another 2.
7. The allegations are on two occasions. Firstly, there was an alleged trespass into the plot and on the subsequent date, it is alleged that Accused No.1 entered into the house of the complainant and abused 2nd respondent in the name of caste. Prima facie if the petitioners have trespassed into the house, it cannot be said that no offence is made out. However, since the examination of witnesses is complete, the trial court shall dispose of the case on the basis of evidence adduced during trial. 1 1992 Supreme Court cases (Crl.) 426 2 2023 Live Law (SC) 642 3
8. Accordingly, the Criminal Petition is dismissed. Needless to say that the observation of prima facie case being made out is while disposing of the present application under Section 482 of Cr.P.C., without going into the evidence adduced during trial. The trial Court shall go on its own conclusions on the basis of evidence of witnesses.
As a sequel, miscellaneous petitions, pending if any, shall stand closed.
_________________ K.SURENDER, J Date: 21.12.2023 tk 4 THE HON'BLE SRI JUSTICE K. SURENDER CRIMINAL PETITION No.10172 OF 2021 Date: 21.12.2023 tk