Mohammed Khaleel Alias Abdul Khaled vs The State Of Telangana
2025 Latest Caselaw 6779 Tel

Telangana High Court

Mohammed Khaleel Alias Abdul Khaled vs The State Of Telangana on 26 November, 2025

      THE HON'BLE SMT.JUSTICE TIRUMALA DEVI EADA

              CRIMINAL PETITION No.14733 of 2025

ORDER:

This Criminal Petition is filed by the petitioner-accused No.1

seeking to quash the proceedings in CC No.1677 of 2025 on the file

of XII Judicial Magistrate of First Class, Ranga Reddy District

registered for the offences under Sections 329(3), 324(4), 351(2),

352 read with 3(5) of BNS.

2. Heard Sri Mirza Azmath Ali Baig, learned counsel for the

petitioner and Sri E. Ganesh, learned Assistant Public Prosecutor for

the respondent No.1-State.

3. Learned counsel for the petitioner has submitted that the

dispute is of civil nature and thus, the allegation of trespass and

mischief against the petitioner are not maintainable as the complaint

itself is false. He further submitted that during the course of

investigation, the police have not collected any title documents from

the de facto complainant and that when he is not the owner, he

cannot allege trespass against the petitioner and that a civil suit on

the subject land is pending before the civil court. He, therefore,

prayed to quash the proceedings against the petitioner.

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4. Learned Assistant Public Prosecutor has submitted that

there are specific allegations against the petitioner-accused No.1 in

this case that he alleged to have trespassed into the land of the de

facto complainant and constructed a shed in the land, due to which

the de facto complainant has approached the court and filed a civil

suit vide O.S. No.738 of 2018 and that the de facto complainant got

the judgment in his favour. When the de facto complainant

approached the said plot, the petitioner has picked up a quarrel with

him and abused him in filthy language. Therefore, he prayed to

dismiss the petition.

5. Perused the record.

6. The contents of the charge sheet reveals the allegations of

trespass and criminal intimidation against the petitioner herein. The

charge sheet further discloses that LWs.2 and 3 are listed as eye

witnesses. The veracity of these witnesses and the truth in the

allegations need to be tested during the course of trial. Hence, it is

deemed appropriate to dispose of the petition by dispensing with the

attendance of the petitioner before the trial court.

7. Hence, the Criminal Petition is disposed of dispensing with

the attendance of the petitioner before the trial court, provided he is

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represented by a counsel before the trial court on every date of

hearing and he shall be present before the trial court as and when

his presence is required during the course of trial.

Miscellaneous Petitions, pending if any, shall stand closed.

____________________________ JUSTICE TIRUMALA DEVI EADA November 26, 2025 KTL