The High Court · 2025

Ravula Shiva Kumar,, S/o Late Anthaiah, Aged about 42 years, Occ. Agriculture, R/o Srinathapuram Village, Anumula Mandal, Nalgonda District. Ravula Dhanalakshmi @ Dhanamma,, Wo Shiva Kumar, Aged about 33 years, Occ. Agriculture, R/o Srinathapuram Village, Anumula Mandal, Nalgonda District. Ravula Praveen Kumar, S/o Shiva Kumar, Aged about '18 years, Occ. Student, Rio Srinathapuram Village, Anumula Mandal, Nalgonda District. ... Petitioners/Accused No. 1 to 3 AND

1. The State of Telangana, Rep. by its Public Prosecutor, High Court for the State of Telangana.

2. Ravula Ramalingamma,, Wo Late Anthaiah, Aged about 67 years, Occ. Hosuewife, R/o Srinadhapuram Village, Anumula Mandal, Nalgonda District ...Respondents/Defacto Complainant Petition under Section 528 of BNSS praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition, the High Court may be pleased to quash the proceedings in C.C.No. 678 of 2024 on the file of Judicial First Class Magistrate at Nidamanoor, Nalgonda District for the offences uls 447, 427,326,323 rlw 34 IPC against the petitioners/A1 to A3. l.A. NO: 2 OF 2025 Petition under Section 528 of BNSS praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition, the High Court may be pleased to stay all further proceedings including appearance of the petitioners/Accused-1 to 3 in pursuant to the C.C.No. 678 ol 2024 on the file of Judicial First Class Magistrate at Nidamanoor, Nalgonda District, pending disposal of the above quash petition. I I This Petition coming on for hearing, upon perusing the Memorandum of Grounds of criminal Petition and upon hearing the arguments of Sri pulimamidi shashidhar Reddy, Advocate for the Petitioners and the Ms. s. Madhavi Assistant Public Prosecutor on behalf of the Respondent No.1 and of None appeared, Advocate for the Respondent No. 2. The Court made the foltowing: ORDER l/ THE HON'BLE SHRT JUSTICE ANTL KUMAR JUKANTI CRIMINAL PDTITIoN No.837 OF 2o25 ORDER: This Criminal Petition is liled under Section 528 of the Bharatiya Nagarik Suraksha Sanhita (for short tsNSSJ by petitioners/ accused Nos.l to 3 to quash the proceedings against them in C.C.No.678 of 2024 on the file of Judicial First Class Magistrate at Nidamanoor, Nalgonda District. The offences alleged against petitioners are under Sections 447,427,326 and 323 r/w 34 of Indian Penal Code (for short 'lPC').

2. Heard Mr. Pulimamidi Shashidar Reddy, learned counsel for the petitioners and Ms. S. Madhavi, learned Assistant Public Prosecutor for the respondent State. Perused the material on record.

3. FIR is dated 24.06.2024. As per the allegations in the FIR that properties were divided arnong the de-facto complainant and her children in the presence of elders and she has been cultivating a parcel of land for the last 30 years and staying in the house. Petitioners/ accused trespassed I ) JAK. J CRLP 837 2025 into her land and broke the lock of house and taken away the house articles arrd when asked by the de_facto complainalt, she was threatened and abuserl in Iilthy language.

4. It is contended by learned counsel for petitioners that predominantly, the dispute is civil in nature and that there is a partition arnong the brothers and her mother with respect to land and house and that allegations made are false in nature and that criminal law is set into motion, only to trouble the petitioners.

5. On the other hand, learned Assistant public prosecutor submitted that allegations made out in the FIR are true and the matter needs to be investigated. Hence, there are no merits in the petition and prayed to dismiss the criminal petition.

6. 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 properry dispute, immovable property. .lhis Court is of the opinion that petitioners be permitted to file 7 J JAK, J CRLP 837 2025 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' T.Inviewofthedisputebeingpredominantlycivilin 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 filirlg of the said petition, without being influenced by any of the observations made bY this Court' It is made clear that till then' the appearance of 8. petitioners/accused Nos' 1 to 3 before the Judicial First Class Magistrate at Nidamanoor' Nalgonda District in C'C'No'678 of 2024, is dispensed' with' unless their presence is required and necessa4l bY the trial Court' g. The petitioners shall file an affidavit that they will not dispute their identity and the proceedings can go on in their I I .l JAK, J CRLP 837 2025 absence which will be conducted by their counsel. petitioners shall not dispute the proceedings conducted in their absence. It is also made clear that petitioners shall present themselves when called by the trial Court, if their presence is necessary. This order shall stand vacated automatically, if petitioners fail to attend the proceedings as and when called for. Any observations made in this order shalr not influence the Court below while considering or concluding the case at the time of trial.

10. With the above observations, this Criminerl petition is disposed of. Miscellaneous applications pending, if any shall stand closed I To, //TRUE COPY// Sd/- N. SRIHARI ASSISTANT REGISTRAR SE ION OFFICER

1. The Judicial First Class Magistrate at Nidmanoor. 2. The Station House Officer, Haliya police Station, Nalgonda District. 3. Two ccs to Pubric prosecutor, High court for trJstate of teiangana 4. One CC to Sri Pulimamidi Shashidhar Reddy, Advocate tOpUCl 5. Two CD Copies Hyderabad. (OUT) orrr@F ".X HIGH COURT DArED:2910112025 ORDER CRLP.No.837 ol 2O25 , 1 HE SI4 14: o U 14 riB zffi *

1. * rI,.TCH go CRIMINAL PETITION IS DISPOSED OF !\