Gunja Srinivas vs The State Of Telangana,
2025 Latest Caselaw 3357 Tel

Telangana High Court

Gunja Srinivas vs The State Of Telangana, on 24 March, 2025

      THE HONOURABLE SRI JUSTICE K.SURENDER

CRIMINAL PETITION Nos.6142, 6144, 6147, 6156, 6158,
           6159, 6160 & 6181 OF 2019

COMMON ORDER:

These Criminal Petitions are filed by the petitioners

seeking to quash the proceedings in C.C.Nos.1351, 1346,

1347, 1348, 1345, 1349, 1568, & 1350 of 2017, respectively,

on the file of XXI Metropolitan Magistrate Cyberabad, at

Medchal. The offences alleged against the petitioners are

under Sections 447 & 427 r/w. 34 of IPC.

2. Since the petitioners are one and the same in all the

petitions and are seeking quashment of similar proceedings,

all the petitions are heard together and disposed of, by way of

this common order.

3. Heard learned counsel for the petitioners and

Sri M.Vivekananda Reddy, learned Assistant Public

Prosecutor for the respondent - State. Perused the record.

4. Learned counsel appearing for the petitioners in all the

cases would submit that the petitioners are the owners of the

plots in which the allegation of trespass is made. The Civil

Court had passed orders in favour of the petitioners. As

such, the question of the petitioners trespassing on their own

plots does not arise. Accordingly, the proceedings have to be

quashed.

5. When this Court questioned the learned counsel for the

petitioners about the specific plot numbers mentioned in the

charge sheet, the learned counsel submitted that general

orders were sought from the civil Court and that there were

several transactions wherein the petitioners and others had

purchased plots. Further, the complaints were filed

selectively against these two petitioners. There is no final

judgment by the Civil Court with regard to the ownership of

these petitioners concerning the said plots. Further, the plot

numbers mentioned in the charge sheet do not appear in any

of the plaints or orders filed by the learned counsel.

6. These are all questions of fact to be decided by the trial

Court. The trial Court shall consider the claim of the

petitioners that they are the owners and that civil disputes

are pending between the parties in respect of the said plots.

7. Accordingly, the Criminal Petitions are dismissed.

Miscellaneous applications pending, if any, shall stand

closed.

_________________ K.SURENDER, J Date: 24.03.2025 dv