Telangana High Court
Mr. Ravinder Singh Oberoi vs The State Of Telangana on 28 February, 2023
Bench: K.Surender
HON'BLE SRI JUSTICE K.SURENDER
CRIMINAL PETITION Nos.2848 and 2854 OF 2022
COMMON ORDER:
1. Criminal Petition No.2848 of 2022 is filed to quash the
proceedings against petitioner/Ravinder Singh Oberoi who is
arrayed as A2 in C.C.No.409 of 2020 which is pending trial before
the XVI Additional Metropolitan Magistrate, Cyberabad at
Rajendranagar for the offences under Sections 420, 468, 471, 427,
447 r/w 34 of IPC.
2. The crime was registered on the basis of the 2nd respondent's
complaint, in which it is alleged that on the basis of fabricated
documents, 300 Sq.yds of his plot bearing No.28 in Sy.No.91 at
Telecomnagar, Gachibowli was subjected to criminal trespass by
this petitioner. Accordingly, the police investigated the case and
filed chare sheet. During the course of investigation it was found
that the complainant purchased 700 sq.yds of plot in the name of
his son in the year 1987 vide document bearing No.5663 of 1987
and he was in possession since then.
3. R.Balram/A4 fabricated a sale deed in the year 1990 that he
has purchased the plot and later sold the plot to Abdul Kareem in
the year 2005 vide document No.10618 of 2005. The said Abdul
Kareem sold the plot in favour of Shobna Chary vide document
No.8098 of 2018. The said Shobna Chary sold the property to the
present petitioner vide sale deed No.21620 of 2018. However, the
son of the petitioner filed OS No.2598 of 2006 against the said
Abdul Kareem and the Additional Junior Civil Judge, Ranga Reddy
District, by decree dated 08.02.2007 directed the defendant/Abdul
Kareem to remove the wall constructed in the said plot and also
further restrained him from interfering with the possession of the
plaintiff/Ramana Kumar in peaceful possession and enjoyment over
the suit property by way of perpetual injunction. E.P.No.295 of
2016 was filed in OS No 2598 of 2006 and the I Additional Junior
Civil Judge by order dated 15.07.2019 directed payment of
necessary batta in assisting the Field Assistant to get the wall
demolished. The Principal Junior Civil Judge found that though the
decree was passed on 08.02.2007, the same was not carried before
any appellate forum and the order became final. However,
questioning the proceedings in EP No.295 of 2016 in O.S.No.2598
of 2006, C.R.P.No.2517 of 2019 was filed in which interim orders
were granted. Subsequently, W.P.No.12451 of 2019 was filed by
this petitioner and this Court by order dated 24.06.2019 directed
the police not to interfere with the civil disputes of the petitioner.
The 2nd respondent herein nor his son were made as parties to the
said writ petition.
4. Learned counsel appearing for the petitioner would submit
that this petitioner in fact filed suit in O.S.No.729 of 2020 to declare
that he is the absolute owner of the suit schedule property and the
sale deed vide document No.5663 of 1987 registered in favour of the
2nd respondent's son is not binding on him. Further, preliminary
injunction was also sought to restrain the 2nd respondent and his
son and others from interfering with the possession of the plaintiff.
In the said circumstances, when there are civil disputes and this
petitioner is the owner of the said plot by virtue of registered sale
deed purchased in the year 2018, the question of trespassing into
the plot does not arise. Further, the petitioner is a bonafide
purchaser and the dispute, if any, is civil in nature pending before
the civil Court and this petitioner cannot be tried for criminal
offences, accordingly, the petition has to be allowed.
5. In support of his contention, he relied on the judgments in the
case of Randheer Singh v. State of Uttar Pradesh (2021 LawSuit
(SC) 644) in which the Hon'ble Supreme Court held that when the
ingredients prima facie are not made out, criminal proceedings can
be quashed. Further, criminal prosecution shall not be used as an
instrument of harassment or for settling personal vendetta.
6. In the case of Shivaswamy v. The State of Karnataka (Criminal
Petition No.2776 of 2022, dated 08.07.2022), the Karnataka High
Court held that when the possession was not with the complainant,
the question of criminal trespass into the property does not arise
and accordingly quashed the proceedings.
7. Criminal Petition No.2854 of 2020 is filed against the
petitioners/A1 and A3 for criminal trespass into the said property of
the 2nd respondent on 30.12.2020. Charge sheet was also filed
narrating the disputes between the parties and also that the earlier
complaint vide C.C.No.409 of 2020 was also pending against these
petitioners.
8. The petitioners are questioning both the cases filed against
him for criminal trespass, criminal intimidation and also cheating
and fabrication of documents.
9. As seen from the record, the 2nd respondent on behalf of his
son filed civil suit in the year 2006 and obtained injunction in his
favour and against Abdul Kareem, who is A1 in C.C.No.409 of 2020.
After a period of ten years, Execution Petition was filed and it was
ordered that the wall be demolished in accordance with the orders
passed earlier. Admittedly, the 2nd respondent was in possession of
the said plot. Whether the petitioner had knowledge about the civil
disputes regarding the said property and whether this petitioner is
a bonafide purchaser and not having knowledge about any of the
previous proceedings and transactions can only be decided during
the course of trial. The civil Court in the year 2007 itself declared
that the land belongs to the 2nd respondent's son. The said order
was not questioned before any appellate court. However, the
litigation again started after Execution Petition was filed in the year
2016. prima facie, there is evidence of criminal trespass and
intimidation.
10. Insofar as the judgments relied upon by the learned counsel
for the petitioners, they are not applicable and distinguishable on
facts.
11. In the result, there are no merits in the petitions and the same
are accordingly, dismissed. Consequently, miscellaneous petitions,
if any, shall stand disposed.
__________________
K.SURENDER, J
Date: 28.02.2023
kvs
HON'BLE SRI JUSTICE K.SURENDER
CRIMINAL PETITION Nos.2848 and 2854 OF 2022
Date:28.02.2023
kvs
