Devara Panduranga Reddy vs The State Of Telangana
2025 Latest Caselaw 2236 Tel

Telangana High Court

Devara Panduranga Reddy vs The State Of Telangana on 17 February, 2025

        THE HONOURABLE SRI JUSTICE K.SURENDER

              CRIMINAL PETITION No.5618 OF 2019

O R D E R:

This Criminal Petition is filed by the petitioners seeking

to quash the proceedings in C.C.No.181 of 2016, on the file of

Judicial First Class Magistrate, Chevella, R.R.District.

2. Heard learned counsel for the petitioners and

Sri M.Vivekananda Reddy, learned Assistant Public

Prosecutor for the respondent - State. Perused the record.

3. The only ground raised by the petitioners is that no

affidavit was filed along with the private complaint in

accordance with the judgment of the Hon'ble Supreme Court

in Priyanka Srivastava And Another vs. State of Uttar

Pradesh And Others 1.

4. The complaint was filed in the year, 2013. Learned

counsel for the petitioners is not in a position to say as to

what prejudice is caused if the affidavit was not filed along

with the private complaint. The ground of not filing affidavit

when the private complaint was filed cannot be entertained,

(2015) 6 SCC 287

after the charge sheet was laid which is five years ago. The

said ground cannot form basis to quash the charge sheet at

this juncture and no useful purpose would be served if the

complainant is now asked to approach the Court an file

affidavit.

5. Learned counsel further submits that the suit filed

before the Court below concluded in favour of the accused.

Accused also succeeded in the 1st appeal and also in the 2nd

appeal thereafter. The case was not prosecuted by the

defacto complainant in the civil Court and land belongs to

the accused.

6. Except stating that civil proceedings went in favour of

the accused, not a single document is filed before this Court.

7. In the said circumstances, the Criminal Petition is

disposed off, granting liberty to the petitioners herein to seek

discharge before the trial Court, if charges are not framed till

date, on the basis of succeeding in the civil proceedings.

Miscellaneous applications pending, if any, shall stand

closed.

_________________ K.SURENDER, J Date: 17.02.2025 dv