Telangana High Court
Chakali Hannthu And 5 Others vs The State Of Telangana And Another on 26 April, 2024
THE HONOURABLE SMT. JUSTICE K. SUJANA
CRIMINAL PETITION No.753 of 2022
ORDER:
This Criminal Petition is filed under Section 482 of Code of Criminal Procedure, 1973 (for short 'Cr.P.C) to quash the proceedings against the petitioners/accused Nos.1 to 6 in S.C.No.148 of 2021 on the file of the learned Special Sessions Judge-cum-VII Additional District and Sessions Judge, Mahaboobnagar District registered for the offences punishable under Sections 323, 324, 447, 427, 504 read with 34 of the Indian Penal Code, 1860 and Section 3 (1) (r) (s) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (As amended by Act No.1 of 2015) (for short 'the Act').
2. Brief facts of the case are that respondent No.2/de facto complainant lodged a complaint before the Police, Maddur Police Station, Narayanpet District against the petitioners stating that he is having an agricultural land admeasuring Ac.2-35 guntas in Survey No.161 situated at Nandiphad Village. On 02.07.2021, while he was working on the above said land, petitioner Nos.1 and 2 criminally trespassed into his land and damaged his Sorgam Crop, stating that a civil case was pending 2 SKS,J Crl.P.No.753 of 2022 between them and the same was posted for hearing on 06.07.2021 and after hearing they will proceed as per the Court order, until then, you would not enter into the land. Later, on the same day, the petitioners abused him in the name of his caste, bet respondent No.2 with hands, and kicked with legs mercilessly, petitioner No.1 bet respondent No.2 with a stone, as a result, he received blood injury and went into unconscious stasge. Thereafter, the village elders said that they would hold a panchayat, but till today no panchayat was conducted and justice was not done. Basing on the said complaint, the Police registered a case in Crime No.111 of 2021 and after completion of the investigation, they filed the charge sheet before the learned Special Sessions Judge-cum-VII Additional District and Sessions Judge, Mahaboobnagar District.
3. Heard Sri K. Ramesh Babu, learned counsel appearing on behalf of the petitioners as well as Sri S. Ganesh, learned Assistant Public Prosecutor appearing on behalf of respondent No.1-State and Sri L. Harish, learned counsel appearing on behalf of respondent No.2.
4. Learned counsel for the petitioners submitted that the allegations levelled against the petitioners are false and baseless. Civil cases are pending between the petitioners and 3 SKS,J Crl.P.No.753 of 2022 respondent No.2. The incident as alleged in the complaint did not taken place and the same is concocted. He further submitted that registration of Sessions Case based on the complaint is abuse of process of law. Hence, prayed the Court to quash the proceedings against the petitioners.
5. On the other hand, learned counsel for respondent No.2 submitted that the petitioners trespassed into the subject land and threatened respondent No.2 not to enter into the said land. Village elders advised him to settle the matter but no one came forward and settle the matter, as such, the delay in filing the complaint has occurred. He further submitted that the petitioners came to his house and beat him mercilessly with a stone, as such, he received blood injury and went into unconscious stage. He filed the injury certificate to that effect. Learned counsel further submitted that since there are serious allegations against the petitioners, quashing of proceedings at this stage does not arise. Hence, prayed the Court to dismiss the petition.
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 4 SKS,J Crl.P.No.753 of 2022 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, it is to be noted that there are civil disputes between the petitioners and respondent No.2. The prime contention of the petitioners is that the incident, as alleged in the complaint, was false. Respondent No.2 submitted that the petitioners trespassed into his land and threatened him 1 (2012) 10 Supreme Court Cases 155 5 SKS,J Crl.P.No.753 of 2022 and later, the petitioners went to his house, beat him mercilessly, with a stone, as such, he received blood injury and went into unconscious. He filed the injury certificate to that effect. However, at this stage, it cannot be said that the petitioners are no way concerned with the allegations levelled against them and the same will be decided after full-fledged trial only.
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 Date: 26.04.2024 SAI