Muddhapuram Praveen Kumar Goud vs The State Of Telangana
2023 Latest Caselaw 4231 Tel

Telangana High Court

Muddhapuram Praveen Kumar Goud vs The State Of Telangana on 29 November, 2023

           HIGH COURT FOR THE STATE OF TELANGANA
                       AT HYDERABAD

                              *****
             Criminal Revision Case No.741 OF 2023

Between:

Muddhapuram Praveen Kumar Goud.               ... Petitioner

                                        And
The State of Telangana,
Through Police Station, Kowdipally,
rep. by Public Prosecutor and others.         ..Respondents

DATE OF JUDGMENT PRONOUNCED :29.11.2023

Submitted for approval.

THE HON'BLE SRI JUSTICE K.SURENDER

   1 Whether Reporters of Local
     newspapers may be allowed to see the           Yes/No
     Judgments?

   2 Whether the copies of judgment may
     be marked to Law Reporters/Journals             Yes/No

   3 Whether Their Ladyship/Lordship
     Wish to see their fair copy of the              Yes/No
     Judgment?


                                              __________________
                                               K.SURENDER, J
                                        2


           * THE HON'BLE SRI JUSTICE K. SURENDER

                      + CRL.R.C. No.741 of 2023



 % Dated 29.11.2023

# Muddhapuram Praveen Kumar Goud                          ... Appellant

                                  And

$ The State of Telangana,
Through Police Station, Kowdipally,
rep. by Public Prosecutor and others                 ... Respondents




! Counsel for the Petitioner: Sri K.Mahender Reddy

^ Counsel for the Respondents: Public Prosecutor

>HEAD NOTE:
? Cases referred
                                    3


            HON'BLE SRI JUSTICE K.SURENDER

         CRIMINAL REVISION CASE No.741 OF 2023
ORDER:

1. The petitioner is the complainant who is aggrieved by the

order of the learned Junior Civil Judge refusing to refer the

private complaint to the police for the purpose of investigation.

2. The petitioner had filed a private complaint alleging that the

respondents/Accused Nos.2 to 4 have criminally conspired to

cause loss to him. They approached the civil court taking

advantage of the revenue records standing in their name and

obtained orders. Further, the respondents / accused threatened

to implicate him in SC-ST case and also made demand of Rs.5.00

lakhs for withdrawing the suit filed by them.

3. The learned Magistrate passed the impugned order refusing

to refer the complaint to police giving elaborate reasons.

4. Admittedly, civil Court orders are in favor of the

respondents. The disputes are regarding the land and its

boundaries. The subject matter of the claims made by both the

parties is pending adjudication before the civil Court. The issue

that would arise in the civil suit would be the documents filed by

the respondents in the civil court and obtaining injunction.

5. If the petitioner/complainant herein is aggrieved by any

fabrication of record or has grievance about any false claims, the

same can be agitated before the civil Court.

6. It appears that criminal complaint was filed to coerce and

settle civil disputes. A reading of the complaint makes it clear

that the disputes are purely civil in nature. The learned

Magistrate has given adequate reasons that the disputes are civil

in nature and refused to refer the complaint to the police.

7. Learned Magistrate has not committed any error in refusing

to refer the complaint to the police. The disputes are purely civil

in nature. Petitioner cannot be permitted to coerce and unduly

pressurize the respondents with the threat of criminal

prosecution. Petitioner cannot be permitted to convert civil

dispute into a criminal complaint when the civil Court has

already passed orders in favour of the respondents.

8. Learned counsel appearing for the petitioner would submit

that another private complaint which was filed by the petitioner

herein was also referred to the police for investigation by the

learned Magistrate. However, this Court in Criminal Revision

Case No.736 of 2023 directed remand of the complaint to the

Court below.

9. No useful purpose would be served if the case is remanded

and the Magistrate is asked to deliberate on the contents of the

complaint for reference to police. A detailed five page order is

passed by the learned Magistrate giving adequate reasons for

refusing to refer the case for the purpose of investigation.

10. The facts of the case are not narrated in the order passed in

Crl.R.C.No.736 of 2023. Basing on facts in the present case, it is

not a fit case to be referred to police for investigation.

11. Accordingly, the Criminal Revision Case is dismissed.

Consequently, miscellaneous applications, if any, shall stand

dismissed.

__________________ K.SURENDER, J Date: 29.11.2023 Note:LR copy to be marked.

B/o.kvs

HON'BLE SRI JUSTICE K.SURENDER

CRIMINAL REVISION CASE No.741 of 2023

Date: 29.11.2023.

kvs