The High Court · 2025

Rro srinainapuL. "Vlrr"g;,' K"r?3"0?"r";,4?riculturer vears, occ Agricurrure, Ri/o |fJ';dfr:?fi} "fi1?"la*"i;,f;ll nf"n""f,,.o ...petitioners / Accused No I to 3 State of Telangan j

1. The State of Tetangana, n"p. nV ilSroric prosecutor, High Court for the 2. Venu Gopat Ravuta. S/g{rt[1an, Aged 47 years, Occ. Agricutture, R/o Ambatpaily, Srinathbpuram, Anuniuta-GnojlliiJigonoa oisrrict. ...Respondents / Defacto Complainant Petition under section 52g of BNSS praying that in the circumstances stated in the lVemorandum of Grounds of Criminal petition, the High Court may be pleased to quash the proceedings in c.c.No.506 01 2023 0n the fire of Judiciar First class Magistrate at Nidamanoor, Nalgonda District for the offences uts 447 , 42r r/w 34 IPC against the petitioners/A1 to A3. l.A. NO: 2 oF 2025 Petition under section 52g of BNSS praying that in the circumstances stated in the Memorandum of Grounds of Criminal petition, the High Court may be pleased to slay a, further proceedings incruding appearance of the peritioners/ Accused-1 to 3 in pursuant to the c.c.No.506 of 2023 on the fire of Judiciar First Class Magistrate at Nidamanoor, Nalgonda District, pending disposal of the above quash petition. I I l -/ I Grounds of Criminal petitior This petition coming on for hearing, upon perusing the l/emorandum of shash dhar Reddy, Advoca:':: ff l:;illi^:":,T1"$::JJ :[:::1 Public Prosecutor on behalf of the Respondent No. 1. The Court made the following Order : i l i I I I i I / THE HON'BLE SHR] JUSTICE ANIL KUMAR JUKANTI CRIMINAL PETITION No.836 oF 2025 o RDER: This Criminal Petition is frled under Section 528 of the Bharatiya Nagarik Suraksha Sanhita (for short 'BNSS') by petitioners/ accused Nos.l to 3 to quash the proceedings against them in C.C'No.5O6 of 2023 on the hle of Judicia-l First Class Magistrate at Nidamanoor, Nalgonda District' The offences alleged against petitioners are under Sections 447 and 427 r I w 34 of Indian Penal Code (for short 'IPC')' Heard Mr. Pulimamidi Shashidar Reddy' learned counsel 2 for the petitioners ald Ms. S. Madhavi, learned Assistant Public Prosecutor for the respondent - State' Perused the material on record.

3. FIR is dated O}.O7'2O23, allegations in the FIR are that de-facto complainalt had agricultural land to an extent of Ac.03.20 guntas in Sy.Nos'41 and 42 at the or'rtskirts of Srinathapuram Village of Anumula Mandal and that there was sharing of the land between brothers Ravula Srinivas and Rar.ula Shiva Kumar'Jo,u.the last 20 years' That brother Ravula 2 JAK, J CRLP 836 2025 X Shiva KumeLr approached the village elders u_ith res;pect to the cultivation of land and the village elders decided to cultivate the land and fixed the boundary stones. petitione r-s/ accused Nos.1 to 3 criminally trespassed into de_facto complainant,s lard and destroyed the boundary stone(s). Hence, FIR filed. 4 . It is contended by learned counsel for petiti,cners that predominantly, the dispute is civil in nature and that there is a partition arnong the brothers with respect to land and that allegations made are false in nature and that. criminal law is set into motion, only to trouble the petitioners.

5. It is aiso contended that various other cases have been filed and similar complaints have been lodged by the mother of the de-facto :omplainant and de_facto complainalt / Ravuia Venu Gopal irL respect of the same dispute.

6. On the other hand, learned Assistant public prosecutor submitted that allegations macre out in the I,.rR are true and the matter needs to be investigated. Hence, there are no merits in the petition ald prayed to dismiss the criminal petition. 3 JAK, J CRLP 836 2025 7 . On a perusal of the allegations made in the FlR/complaint and the documents annexed in the record' it appears that the dispute primarily is civil in nature with regard to property dispute, immovable property' This Court is of the opinion that petitioners be permitted to file discharge petition before appropriate Court' Even on perusal of the entire record, it is observed that matter pertains to immovable property and there are no specific allegations with regard to any criminal acts. Revenue proceedings are also annexed as documents to the Petition. B. In view of the dispute being predominantly civil in nature, this Court deems it appropriate that petitioners be granted liberty to file an application before the trial Court seeking their discharge ' On such application being frled' the trial Court shall dispose of the same on merits as expeditiously as possible from the date of frling of the said petition' without being influenced by any of the observations made by this Court. t \ g. It is made clear that till then, the appearance of petitioners/ accused Nos'1 to 3 before the Judicial First Class I I 4 JAK, J ,lRr,P 836 2025 X Magistrate at Nidamanoor, Nalgonda District in C.( .No.5O6 of 2023, rs dispensed with, unless their presence is required and necessary by the trial Court.

10. The petitioners shall file an aflidavit that they u,,ill not dispute their identity and the proceedings can go on in their absence which will be conducted by their counsel. petitioners sha-ll not dispute the proceedings conducted in their absence. It is also made clear that petitioners shall present themselves when called lty the trial Court, if their presence is necessary. This order shali stand vacated automatically, if petitLoners fail to attend the proceedings as and when called for. Any observations made in this order shall not influence lhe Court below while considering or concluding the case at tl,Le time of trial. 1 1 . With th,: above observations, this Criminal petition is disposed of. Misceilaleous applications pending, if any, sh all stald closed. //TRUE COPY// Sd/. MOHD. ISMAIL ASSISTANT REGISTRAR @, SECTION OFFICER The Judicial trirst Class lvlagistrate at Nidamanoor, Nalgonda Dishict The Statiorr l-louse Officer, Haliya pS, Nalgonda District Two CCs to the Public proseculor. Hioh Court for the State of Tdanqana. To, 1 2 , i

4. One CC to Sri Pulimamidi Shashidhar Reddy, Advocate [OpUC] 5. Twg CD Copies VA/DL \ t i \ HIGH COURT DATED:2910112025 ORDER CRLP.No.836 of 2025 a:,r a..,' i,\ ilr:.ii ,i! .,:'l i e .$ ()O $ &ori{ ,, I i) ).)- 1, DISPOSING OF THE CRLP o )>