Telangana High Court
V.Tarakeswar Rao vs The State Of Telangana on 28 February, 2023
Bench: K.Surender
THE HONOURABLE SRI JUSTICE K.SURENDER
CRIMINAL PETITION No.2358 of 2021
ORDER:
1. This Criminal Petition is filed to quash the proceedings
against the petitioners/A1 and A2 in PRC No.12/2021 on the file of
XII Additional Metropolitan Magistrate, Cyberabad at Kukatpally.
2. Charge sheet was filed by the Kukatpally Police for the
offences under Sections 307, 447, 427, 323, 192, 193, 209, 211
r/w 34, 109, 120-B of IPC against petitioners.
3. The case of the prosecution is that the 2nd respondent
originally filed a complaint under Section - 200 of Cr.P.C.
before the XII Metropolitan Magistrate, Cyberabad at
Kukatpally, and the learned Magistrate had referred the same
to P.S. Gachibowli under Section - 156 (3) of Cr.P.C. for
investigation and report. Accordingly, P.S. Gachibowli
registered a case in Crime No.643 of 2020 against the
petitioner herein and accused Nos.1 and 2 for the aforesaid
offences and after investigation filed charge sheet and
numbered as P.R.C. No.12 of 2021. During the course of
investigation, it was revealed that the complainant is having
land in Survey No.90/2, Gachibowli and neighbouring plots
are owned by accused Nos.1 to 3.
4. According to charge sheet Accused Nos.1 to 3 started
making illegal efforts to grab 10 feet wide road on the southern
side of properties. When the complainant prevented the
accused from doing so, accused No.1 threatened him with dire
consequences that they would cause harm with anti-social
elements. Further, on 21.09.2019, accused No.1 and his men
criminally trespassed into 30 feet wide road which is on the
southern side plots of accused No.1 and the complainant and
caused harm to the complainant. Accused No.1 abused the
complainant in filthy language and assaulted him. Men of
Accused No.1 beat LW.3, driver of the complainant. Accused
No.1 is highly influential person and tried to attack the
complainant personally with the help of his men by moving the
container onto him with an intention to eliminate him using a
crane bearing No.TS 07FY 3187 while he was standing in the
vicinity.
5. At that time, when LW.3 intervened in the matter so as to
save the complainant, accused No.1 and his men beat him.
Accused No.1 also threatened the complainant with dire
consequences by using foul words as "Ne Amma",
Lanjakodaka, Nee Anthu Chustanu", "Ninnu Lepasthanu". Later
on 05.03.2020, accused Nos.2 and 3 went to the site, looked
at the complainant and accused No.2 abused him in filthy
language and threatened with dire consequences saying that
"Neve Theliviklavadiva, Nenu Chepta, Na husband and Nenu
gun petti lepasthamu, then accused No.3 also abused him
saying as "Ninnu murder chepistnu, emianukuntunnavu etc.,
and further threatened that they would grab his land. Accused
No.1 filed a complaint before Gachibowli Police Station vide
FIR No.520 of 2019, dated 21.09.2019, with an intention to
cause harm to the complainant, but ultimately it was referred
to as "lack of evidence".
6. The complainant also complained to the GHMC
Authorities against accused No.1 about the encroachment of
10 feet wide road out of 30 feet on southern side of Plot No.4.
On which, the GHMC Officials along with Demolition Squad
visited the scene and demolished the encroachment done by
accused No.1. Again in the month of October, 2020, accused
No.1 encroached into the said road by erecting stones. Then,
GHMC authorities demolished the said encroachment.
7. The Zonal Commissioner clarified that their office has
issued LRS Approval for Plot No.A1, 1B and 1C in Survey
No.90/2 to an extent of 4015 square meters vide proceedings
No.LRS26092017121114, dated 26.09.2017 in favour of M/s.
Shri Lakshmi Ganapathy Paper Mills Limited represented by
its Managing Director, the complainant, on verification of
documents and spot inspection, in which width of the road
mentioned as 215 feet wide road towards northern side of plot
No.1B; 215 feet and 80 feet wide roads were shown towards
northern and western sides respectively for plot No.1A; and 30
feet wide road was shown towards southern side of Plot No.1C.
Keeping the above in their mind, accused Nos.1 to 3 have
created nuisance and tried to eliminate the complainant by
Crane. Even, accused No.1 and others are restrained by way of
interim injunction passed in I.A. Nos.2480 and 2481 of 2019 in
O.S. No.634 of 2019 by the learned V Additional Junior Civil
Judge, Kukatpally, and the said orders are still subsisting.
The investigation done by the Investigating Officer would
reveal that accused Nos.1 to 3 have committed the aforesaid
offences and accordingly he filed the charge sheet for the said
offences against them.
8. The 3rd accused preferred W.P.No.7211 of 2021. The
allegation against A3 was that he along with 2nd petitioner herein
have trespassed into the premises of the 2nd respondent on
05.03.2020 and abused the 2nd respondent in filthy language.
However, this Court in W.P.No.7211 of 2021 found that the
allegation against A3 was false and accordingly quashed the
proceedings. Since, the 2nd petitioner/A2 was also present along
with A3, relying on the findings of this court, the proceedings
against A2 are liable to be quashed. This Court had found that the
incident alleged to have been happened on 05.03.2020 when A2
and A3 together abused the 2nd respondent was false.
9. However, the allegation against A1/1st petitioner is that he
trespassed into the land of 2nd respondent on 21.09.2019 and also
tried to eliminate him with the help of container. It is further stated
in the charge sheet and also the statement of the 2nd respondent
that there is video recording regarding the entire incident. Since the
prosecution claims that the entire episode was video recorded, this
Court deems it appropriate to direct the concerned trial Court
adjudicate on the subject matter on the basis of evidence produced
by both the prosecution and the defence.
10. Learned counsel appearing for the petitioner relied on the
judgments of the Hon'ble Supreme Court in the case of Jaswant
Singh v. State of Punjab1 wherein the Hon'ble Supreme Court had
quashed the proceedings under Sections 406 and 420 of IPC
finding that no case is made out. Learned counsel also relied on
the judgment of Hon'ble Supreme Court in the case of Usha
Chakraborty v. State of West Bengal2, the Hon'ble Supreme Court
quashed the proceedings against the petitioners therein finding
that the issue is civil in nature and the same was pending
adjudication in the competent Civil Court.
11. There is no dispute regarding the principle laid down in the
aforesaid judgments. However, on facts, the same are not
applicable to the facts in the present case on hand. In the present
case, the allegation is that the petitioner along with others tried to
cause death of the 2nd respondent by moving container on to him
and there is video to that effect. This Court under Section 482 of
(2021) 6 S.C.R.1100
2023 LiveLaw (SC) 67
Cr.P.C cannot go into the video to infer the intention of A1 in the
said proceedings. Further the video was not produced before this
Court. Admittedly, there is an altercation on 29.09.2019, wherein
A1/1st Petitioner was involved.
12. In the result, the proceedings against A2 in PRC No.12/2021
on the file of XII Additional Metropolitan Magistrate, Cyberabad at
Kukatpally, are hereby quashed. However, the concerned Court
shall proceed against A1.
13. Accordingly, the Criminal Petition is allowed in part.
Consequently, miscellaneous applications pending, if any, shall
stand closed.
__________________
K.SURENDER, J
Date: 28.02.2023
kvs
THE HON'BLE SRI JUSTICE K.SURENDER
CRIMINAL PETITION No.2358 of 2021
Dated: 28.02.2023
kvs
