Telangana High Court
Modali Venkata Suryanarayana vs The State Of Telangana on 26 September, 2024
THE HONOURABLE SMT. JUSTICE K. SUJANA
CRIMINAL PETITION No.6430 of 2024
ORDER:
This Criminal Petition is filed under Section 482 of the
Code of Criminal Procedure, 1973 (for short 'Cr.P.C.') by the
petitioners/accused Nos.1 and 2, seeking to quash the
proceedings against them in Crime No.61 of 2024 on the file of
Gachibowli Police Station, Cyberabad, registered for the offences
punishable under Sections 447, 427, 341, 506 of the Indian
Penal Code, 1860 and Sections 3(1)(f), 3(1)(g) of SC/ST (POA) Act,
2015.
2. The brief facts of the case are that respondent No.2
holding 75% (3/4th) share in the plot bearing No.1/HIG-A (GHMC
No.4-1), House Board Colony, Sy.No.131, Phase-I, Gachibowli.
Though accused No.1 holding undivided and unspecified 25%
(1/4th) share in the said plot, he along with his henchmen,
trespassed into the said plot by dismantling the boundary wall
and forcibly occupied the said plot in the month of August, 2023.
Thereafter, accused No.2 used to threaten respondent No.2 with
dire consequences for selling his 3/4thshare to accused No.1.
SKS,J
Hence, respondent No.2 registered a case in Crime No.61 of 2024
before the Gachibowli Police.
3. Heard Sri A. Mahadev, learned Counsel for the
Petitioners as well as Ms.P.SreeRamya, learned counsel for
respondent No.2 and Sri E.Ganesh, learned Assistant Public
Prosecutor for respondent No.1-State.
4. Learned counsel for the petitioners submitted
thataccused No.1 is purchased undivided share of 1/4th of the
said plot from the brother of respondent No.2. He further
submitted that as there was no partition by metes and bounds,
accused No.1 filed a partition suit vide O.S.No.116 of 2023
against respondent No.2. He also submitted that civil disputes
are given criminal colour only to harass the petitioners. Hence,
he prayed this Court to allow the Criminal Petition by quashing
the proceedings against the petitioners.
5. On the other hand, learned counsel for respondent No.2
opposed the submissions of the learned counsel for the
petitioners stating that accused No.1 with the help of accused
No.2 and his henchmen trespassed into the said plot. She
further submitted that the alleged offences against the
SKS,J
petitioners are serious in nature and requiresthorough
investigation. Hence, she prayed this Court to dismiss the
Criminal Petition.
6. In view of the rival submission by both the counsel, this
Court has perused the material available on record. As per the
complaint averments of respondent No.2, accused No.1
trespassed into the said plot and with the help of accused No.2
threatened respondent No.2 with dire consequences for selling
his 3/4th share to him. It is pertinent to note that to quash the
proceedings under Section 482 of Cr.P.C., the Court has to see
whether the averments in the complaint prima facie shows that it
constitute the offence as alleged by the Police.
7. At this stage, it is pertinent to note the Judgment of the
Hon'ble Supreme Court in State of Madhya Pradesh vs.
Surendra Kori 1 , wherein in paragraph No.14 it is held as
follows:
"The High Court in exercise of its powers under
Section 482 Cr.P.C. does not function as a Court of
appeal or revision. This Court has, in several
judgments, held that the inherent jurisdiction under
Section 482 Cr.P.C., though wide, has to be used
sparingly, carefully and with caution. The High Court,
under Section 482 Cr.P.C., should normally refrain from
(2012) 10 Supreme Court Cases 155
SKS,J
giving a prima facie decision in a case where the entire
facts are incomplete and hazy, more so when the
evidence has not been collected and produced before
the Court and the issues involved, whether factual or
legal, are of wide magnitude and cannot be seen in
their true perspective without sufficient material."
8. In the case on the hand, the accused besides trespassing
into the said plot, abused respondent No.2 in filthy language and
threatened him with dire consequences. In view of the above
discussion as well as the law laid down by the Hon'ble Supreme
Court in Surendra Kori (Supra), at this stage the allegations
leveled against the petitioners cannot be quashed as vague as
the case is at the stage of the investigation, it requires thorough
investigation to elicit the true facts of the case. Hence, this Court
does not find any merit in the criminal petition to quash the
proceedings against the petitioners and the same is liable to be
dismissed.
9. Accordingly, the Criminal Petition is dismissed.
Miscellaneous applications, if any pending, shall also
stand closed.
_______________
K. SUJANA, J
Date: 26.09.2024
gms
