Telangana High Court
B.Balaraj Goud, Hyd., vs State Of Ap. Rep. Pp And Anr., on 24 August, 2022
Bench: K.Surender
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
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
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
HON'BLE SRI JUSTICE K.SURENDER
CRIMINAL APPEAL No.15019 OF 2009
Dated: 24.08.2022
tk
