Telangana High Court
Gampala Madhusudan Reddy vs The State Of Telanaga on 10 February, 2025
THE HON'BLE SHRI JUSTICE ANIL KUMAR JUKANTI
CRIMINAL PETITION No.893 OF 2025
O R D E R:
This Criminal Petition is filed under Section 528 of the
Bharatiya Nagarik Suraksha Sanhita (for short 'BNSS') by
petitioner/accused No.3 to quash the proceedings against
him in C.C.No.445 of 2024, dated 20.06.2024, on the file of
Addl. Judicial First Class Magistrate, at Ramannapet, for the
offences punishable under Sections 120(B), 419, 420, 468,
471 read with Section 34 of Indian Penal Code (for short
'IPC').
2. Heard Mr. R.Sreenivasa Rao, learned counsel for
petitioner/accused No.3, and Ms. S.Madhavi, learned
Assistant Public Prosecutor for respondent No.1-State.
3. FIR was registered on 07.06.2023 against accused
Nos.1 to 4 on a complaint of respondent No.3/de facto
complainant alleging conspiracy, cheating, forgery,
impersonation, using false documents as genuine in the year
2014. Petitioner is accused No.3 in the complaint. It is
averred in the complaint that accused Nos.1 to 4 are
JAK, J
CRLP_893_2025
relatives of complainant, entered into a criminal conspiracy
with an intention to cause loss to the complainant with
regard to property (as described in the complaint). It is
further averred that on the basis of forged and fabricated
documents, Tahsildar issued proceedings in favour of
accused, issued 13-B certificate, pattadar passbook and title
deeds, without the consent and knowledge of complainant.
It is also averred that revenue authorities are in collusion
with accused Nos.1 to 4. Hence, the complaint.
4. Learned counsel for petitioner/accused No.3 submitted
that petitioner is in no way involved in fabrication and
forgery of documents and there was no intention to cheat the
complainant. It is further submitted that there are no
specific allegation(s) in complaint against petitioner and no
overt acts are attributed with respect to any of the
allegations. It is also submitted that petitioner/accused No.3
is aged 70 years and is ready and willing to cooperate with
the proceedings.
5. Learned counsel further submitted that a private
complaint was filed under Section 200 Cr.P.C., for the
JAK, J
CRLP_893_2025
offences under Sections 120-B, 205, 409, 420, 468 read with
Section 34 IPC. Learned counsel placing reliance on the
judgment of the Apex Court in Mrs. Priyanka Srivastava
and Another v. State of U.P. and Others 1 submitted that a
complaint under Section 200 Cr.P.C., presented to the
competent Court has to be presented with an affidavit of the
complainant, that the said affidavit is not filed. That, in
spite of there being no affidavit, Additional Judicial First
Class Magistrate at Ramannapet has forwarded the
complaint to the concerned Police Station, which is not
proper in the light of the judgment of the Apex Court. Today,
a copy of the said complaint is placed before this Court and
it is stated across the Bar that no affidavit is filed, along with
the complaint.
6. Learned Assistant Public Prosecutor for respondent
No.1-State submitted that offences are grave in nature and
that charge sheet is filed and proceedings are at the stage of
appearance. It is further submitted that no interference is
necessitated as conspiracy, cheating, forgery, impersonation,
using false documents as genuine, are the offences against
2015 (6) SCC 287
JAK, J
CRLP_893_2025
accused Nos.1 to 4, that petitioner is accused No.3, and is an
accomplice in the criminal conspiracy.
7. Heard learned counsels, perused the record and
considered the submissions.
8. FIR bearing No.125 of 2023 dated 07.06.2023 came to
be lodged on forwarding of a private complaint of respondent
No.3 (de facto complainant) alleging that petitioner/accused
No.3 was an accomplice in the criminal conspiracy in
obtaining proceedings No.A/116/2014 dated nil.01.2014.
It is averred in the complaint that accused Nos.1 to 4
managed the revenue authorities, showed as if they acquired
the entire land of one Late Gampala Rajalingamma in
partition without consent of complainant and without giving
or allotting a share. It is further averred that after the
proceedings, accused Nos.1 to 4 were issued 13-B
Certificate, patta passbooks and title deeds on the basis of
forged and fabricated documents. It is averred that on
05.03.2022, when de facto complainant was at his fields,
accused Nos.1 to 4 along with others tried to occupy the land
and entered into an altercation and threatened the
JAK, J
CRLP_893_2025
complainant with dire consequences and that immediately
he gave a complaint to the police and police failed to take
steps. Charge sheet dated 20.06.2024 is filed, in the charge
sheet, a table is shown of proceedings of Tahsildar
transferring properties in the name of nine persons in
various survey numbers for different extents of lands. In the
table, the petitioner i.e., Gampala Raghava Reddy's name is
shown at Serial No.5, against whom land admeasuring
Ac.1.02½ guntas in six survey numbers is transferred.
9. Though it is averred in the complaint that in March,
2022, the complainant was threatened with dire
consequences, there is no whisper as to why the complainant
kept quiet and has not taken any steps till 13.04.2022.
There is a delay of more than one month in addressing a
complaint under Section 200 Cr.P.C., and the delay has not
been explained anywhere.
10. Be that as it may, learned counsel for
petitioner/accused No.3, on instructions, stated that the
petitioner/accused No.3 is willing to cooperate in the ongoing
proceedings in the pending case before the competent Court
JAK, J
CRLP_893_2025
i.e., Additional Judicial First Class Magistrate at
Ramannapet.
11. On consideration of the entire factual matrix and
perusal of the record, it is observed that there are no specific
allegations against petitioner i.e., accused No.3. Hence, this
Court is of the opinion that presence of petitioner/ accused
No.3 in C.C.No.445 of 2024 dated 20.06.2024 pending on the
file of Additional Judicial First Class Magistrate at
Ramannapet can be dispensed with and is dispensed with
conditions.
12. It is made clear that petitioner/accused No.3 shall
present himself before the learned Magistrate, if his presence
is required. Petitioner/accused No.3 shall file an affidavit
that he will not dispute his identity and that the proceedings
may go on in his absence, to be conducted by his counsel.
Learned counsel for petitioner/accused No.3 shall represent
before the trial Court without fail on all dates.
Petitioner/accused No.3 shall not dispute the proceedings
conducted in his absence. This order shall stand vacated
automatically, if petitioner fails to attend the proceedings as
JAK, J
CRLP_893_2025
and when summoned by Court and also when the counsel(s)
representing petitioner/accused No.3 fails to attend Court
proceedings on the dates. Any observations made in this
order shall not influence the Court below while considering
or concluding the case at the time of trial.
13. With the above observations, the Criminal Petition is
disposed of.
Miscellaneous applications pending, if any, shall stand
closed.
___________________________
ANIL KUMAR JUKANTI, J
Date:10.02.2025
KRR/KH
