Telangana High Court
Muddhapuram Praveen Kumar Goud vs The State Of Telangana on 29 November, 2023
HIGH COURT FOR THE STATE OF TELANGANA
AT HYDERABAD
*****
Criminal Revision Case No.741 OF 2023
Between:
Muddhapuram Praveen Kumar Goud. ... Petitioner
And
The State of Telangana,
Through Police Station, Kowdipally,
rep. by Public Prosecutor and others. ..Respondents
DATE OF JUDGMENT PRONOUNCED :29.11.2023
Submitted for approval.
THE HON'BLE SRI JUSTICE K.SURENDER
1 Whether Reporters of Local
newspapers may be allowed to see the Yes/No
Judgments?
2 Whether the copies of judgment may
be marked to Law Reporters/Journals Yes/No
3 Whether Their Ladyship/Lordship
Wish to see their fair copy of the Yes/No
Judgment?
__________________
K.SURENDER, J
2
* THE HON'BLE SRI JUSTICE K. SURENDER
+ CRL.R.C. No.741 of 2023
% Dated 29.11.2023
# Muddhapuram Praveen Kumar Goud ... Appellant
And
$ The State of Telangana,
Through Police Station, Kowdipally,
rep. by Public Prosecutor and others ... Respondents
! Counsel for the Petitioner: Sri K.Mahender Reddy
^ Counsel for the Respondents: Public Prosecutor
>HEAD NOTE:
? Cases referred
3
HON'BLE SRI JUSTICE K.SURENDER
CRIMINAL REVISION CASE No.741 OF 2023
ORDER:
1. The petitioner is the complainant who is aggrieved by the order of the learned Junior Civil Judge refusing to refer the private complaint to the police for the purpose of investigation.
2. The petitioner had filed a private complaint alleging that the respondents/Accused Nos.2 to 4 have criminally conspired to cause loss to him. They approached the civil court taking advantage of the revenue records standing in their name and obtained orders. Further, the respondents / accused threatened to implicate him in SC-ST case and also made demand of Rs.5.00 lakhs for withdrawing the suit filed by them.
3. The learned Magistrate passed the impugned order refusing to refer the complaint to police giving elaborate reasons.
4. Admittedly, civil Court orders are in favor of the respondents. The disputes are regarding the land and its boundaries. The subject matter of the claims made by both the parties is pending adjudication before the civil Court. The issue that would arise in the civil suit would be the documents filed by the respondents in the civil court and obtaining injunction. 4
5. If the petitioner/complainant herein is aggrieved by any fabrication of record or has grievance about any false claims, the same can be agitated before the civil Court.
6. It appears that criminal complaint was filed to coerce and settle civil disputes. A reading of the complaint makes it clear that the disputes are purely civil in nature. The learned Magistrate has given adequate reasons that the disputes are civil in nature and refused to refer the complaint to the police.
7. Learned Magistrate has not committed any error in refusing to refer the complaint to the police. The disputes are purely civil in nature. Petitioner cannot be permitted to coerce and unduly pressurize the respondents with the threat of criminal prosecution. Petitioner cannot be permitted to convert civil dispute into a criminal complaint when the civil Court has already passed orders in favour of the respondents.
8. Learned counsel appearing for the petitioner would submit that another private complaint which was filed by the petitioner herein was also referred to the police for investigation by the learned Magistrate. However, this Court in Criminal Revision 5 Case No.736 of 2023 directed remand of the complaint to the Court below.
9. No useful purpose would be served if the case is remanded and the Magistrate is asked to deliberate on the contents of the complaint for reference to police. A detailed five page order is passed by the learned Magistrate giving adequate reasons for refusing to refer the case for the purpose of investigation.
10. The facts of the case are not narrated in the order passed in Crl.R.C.No.736 of 2023. Basing on facts in the present case, it is not a fit case to be referred to police for investigation.
11. Accordingly, the Criminal Revision Case is dismissed. Consequently, miscellaneous applications, if any, shall stand dismissed.
__________________ K.SURENDER, J Date: 29.11.2023 Note:LR copy to be marked.
B/o.kvs 6 HON'BLE SRI JUSTICE K.SURENDER CRIMINAL REVISION CASE No.741 of 2023 Date: 29.11.2023.
kvs