Telangana High Court
Smt. Shahnaz Begum vs The State Of Telangana on 8 April, 2024
THE HONOURABLE SMT. JUSTICE K. SUJANA
CRIMINAL PETITION No.7945 of 2023
ORDER:
This Criminal Petition is filed under Section 482 of the Code of Criminal Procedure, 1973 (for short 'Cr.P.C.') to quash the proceedings against the petitioners/accused Nos.1, 2, and 5 to 10 in C.C.No.10372 of 2021, on the file of the learned XVII Additional Chief Metropolitan Magistrate, Hyderabad, registered for the offences punishable under Sections 143, 387, 451, 504 and 506 read with 149 of Indian Penal Code, 1860 (for short 'the IPC').
2. Brief facts of the case are that respondent No.2/de facto complainant lodged a complaint before the Police, Golconda Police Station, Hyderabad District against the petitioners and other accused stating that he is the absolute owner and possessor of the House bearing No.9-8-457/3, admeasuring 156.00 square yards, situated at Mohammed Nagar, Saleh Nagar, Golconda Fort, Hyderabad. The Court below vide orders passed in E.P.No.259 of 2014 and O.S.No.673 of 2012 transferred the said property in his favour and the Municipal Tax, Electricity and Water Bills are in his name. By knowing all the said facts, the petitioners and other accused have forcibly entered into his property, grabbed the property, not vacating the said premises and threatened him with 2 SKS,J Crl.P.No.7945 of 2023 dire consequences by using filthy language along with gunda elements. Basing on the said complaint, the Police registered a case in Crime No.356 of 2020 and after completion of investigation, they filed charge sheet before the XVII Additional Chief Metropolitan Magistrate, Hyderabad.
3. Heard Sri K. Srinivas, learned counsel appearing on behalf of the petitioners as well as Sri S. Ganesh, learned counsel appearing on behalf of respondent No.1-State. Though notice served upon respondent No.2, none appeared on his behalf.
4. Learned counsel for the petitioners submitted that in view of the orders passed in E.P.No.259 of 2014, the property was already delivered to respondent No.2 and therefore, the question of vacating the property does not arise. Learned counsel further submitted that the matter is purely civil in nature, there are no reasons to register the criminal case and there are no overt acts of the petitioners. Therefore, prayed the Court to quash the proceedings against the petitioners.
5. On the other hand, learned Assistant Public Prosecutor submitted that since there are serious allegations against the petitioners, quashing of proceedings at this stage do not arise. As such, prayed the Court to dismiss the petition. 3
SKS,J Crl.P.No.7945 of 2023
6. Having regard to the rival submissions made by both the learned counsel and having gone through the material available on record, to quash the proceedings under Section 482 of Cr.P.C, the Court has to see whether the averments in the complaint prima facie shows that it constitute the offence as alleged by the Police.
7. At this stage, it is pertinent to note the Judgment of the Hon'ble Supreme Court in State of Madhya Pradesh vs. Surendra Kori 1, wherein in paragraph No.14 it is held as follows:
"The High Court in exercise of its powers under Section 482 Cr.P.C. does not function as a Court of appeal or revision. This Court has, in several judgments, held that the inherent jurisdiction under Section 482 Cr.P.C., though wide, has to be used sparingly, carefully and with caution. The High Court, under Section 482 Cr.P.C., should normally refrain from giving a prima facie decision in a case where the entire facts are incomplete and hazy, more so when the evidence has not been collected and produced before the Court and the issues involved, whether factual or legal, are of wide magnitude and cannot be seen in their true perspective without sufficient material."
8. As seen from the record, there are disputes between the petitioners and respondent No.2. The prime allegation against the petitioners are that they forcibly entered into the subject property, grabbed the same, and threatened respondent No.2 with dire 1 (2012) 10 Supreme Court Cases 155 4 SKS,J Crl.P.No.7945 of 2023 consequences using filthy language along with gunda elements and demanded amount in lakhs. Whether the subject property was delivered to respondent No.2 or whether the petitioners are in possession of the said property can be decided after full-fledged trial only. At this stage, it cannot be said that there are no allegations against the petitioners.
9. In view of the above discussion as well as the law laid down by the Hon'ble Supreme Court in State of Madhya Pradesh (supra), this Court does not find any merit in the criminal petition to quash the proceedings against the petitioners and the same is liable to be dismissed.
10. Accordingly, the criminal petition is dismissed.
Miscellaneous applications, if any pending, shall also stand closed.
_______________ K. SUJANA, J Date: 08.04.2024 SAI