Gali Venkanna vs The State Of Telangana
2023 Latest Caselaw 4368 Tel

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

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.

1992 Supreme Court cases (Crl.) 426

2023 Live Law (SC) 642

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

THE HON'BLE SRI JUSTICE K. SURENDER

CRIMINAL PETITION No.10172 OF 2021

Date: 21.12.2023

tk