The High Court · 2025

Petition under Section 528 of Cr.P.C praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition, the High Court may be pleased to quash the Criminal Proceedings against the petitioners in Charge sheet No.445 of 2024 dated 20-06-2024 pending on the file of the Court of the Hon'ble AddlJudicial First Class Nlagistrate, at Ramannapet in the interest of justice l.A. NO: 1OF 2025 Petition under Section 528 of Cr.P.C 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 the appearance of the Petitioner/Accused No.3 in C.C.No.445 of 2O24 dated 20-06-2024 pending on the file of the Court of the Addl.Judicial First Class Magistrate, at Ramannapet till pending disposal of the above criminal petition ., tir- - This Petition coming on for hearing, upon perusing the lVlr:morandum of Grounds of Crirninal Petition and upon hearing the argu,nents of Sri SREENIVASA RAO RAVULAPATI, Advocate for the petrtioner and the Asst. Public Prosecutor (T{) ) on behalf of the Respondent No. 1 , The Court made the ;ollowing: ORDER () THE HON'BLE SHRI JUSTICE ANIL KUMAR WKANTI CRIMINAL PETITION No.893 OF 2025 ORDER: This Criminal Petition is filed under Section 528 of the Bharatiya Nagarik Suraksha Sanhita (for short tsNSS) by petitioner/accused No.3 to quash the proceedings against him in C.C.No.445 of 2024, dated 20.06.2024, on the file of Addl. Judicial First Class Magistrate, at Ramannapet, for the offences punishable under Sections 12O(B), 419, 42O, 468, 471 read with Section 34 of Indian Penal Code (for short 'rPC)

2. Heard Mr. R.Sreenivasa Rao, learned counsel for petitioner/ accused No.3, and Ms. S.Madhavi, learned Assistalt Public Prosecutor for respondent No. l-State.

3. FIR was registered on 07.06.2023 against accused Nos.1 to 4 on a complaint of respondent No.3/de facto complainant alleging conspiracy, cheating, forgery, impersonation, using false documents as genuine in the year 2O 14. Petitioner is accused No.3 in the complaint. It is averred in the complaint that accused Nos.1 to 4 are 2 JAK, J cltLP 893 2025 relatives o1 :omplainant, entered into a criminal c'rnspiracy with an int ention to cause loss to the complainant with regard to p roperty (as described in the compla: nt). It is further averred that on the basis of forged and labricated docr.rments, Tahsildar issued proceedings in l avour of accused, isstted 13-B certificate, pattadar passbook- and title deeds, u,ith,rut the consent and knowledge of conLplainant. It is also a.,erred that revenue authorities are in collusion with accuse,l Nos.1 to 4. Hence, the complaint. 4 . Learn<,tl counsel for petitioner/ accused No.3 :;ubmitted that petitio rer is in no way involved in fabricr.Ltion and forgery of d(,ouments and there was no intention to cheat the complainan,.. It is further submitted that therr: are no specific alle gation(s) in complaint against petition< :r and no overt acts are attributed with respect to an'rr of the allegations. It is a-lso submitted that petitioner/ acc rrsed No.3 is aged 70 .,ears and is ready and willing to coopcrate with the proceedings.

5. Learnr,rl counsel further submitted that re private complaint rvas filed under Section 200 Cr.P.C., for the a 3 JAK J CRLP 893 2025 offences under Sections 120-B, 2O5, 409, 420, 468 read with Section 34 IPC. Learned counsel placing reliance on the judgment of the Apex Court in Mrs. Priganka Sriaqstaoa and Another o. Sto:te of U.P. and Othersr submitted that a complaint under Section 2OO Cr.P.C., presented to the competent Court has to be presented with an affrdavit of the complainant, that the said affidavit is not filed. That, 1n spite of there being no affidavit, Additional Judicial First Class Magistrate at Ramannapet has forwarded the compiaint- to the concerned Police Station, which is not proper in the light of the judgment of the Apex Court. Today, a copy of the said complaint is placed before this Court and it is stated across the Bar that no affidavit is filed, along with the complaint.

6. Learned Assistant Public Prosecutor for respondent No.l State submitted that offences are grave in nature and that charge sheet is filed and proceedings are at the stage of appearance. It is further submitted that no interference is necessitated as conspiracy, cheating, forgery, impersonation, using false documents as genuine, are the offences against ' 20ls (6) scc 287 '-) 4 JAK, J URI P 893 2025 accused Nos. I to 4, that petitioner is accused No 3' end is an accomplice ir the criminal conspiracy'

7. Heard learned counsels, perused the rccrtrd and considered tl.t' submissions'

8. FIR betLring No.125 of 2023 dated 07'06'2023 carne Lo be lodged on I'oruarding of a private complaint of rer;pondent No.3 (de facr c, complainant) alleging that petitioner 'accused No.3 was arL accomplice in the criminal cons6:iracy in obtaining ploceedings No.A/ 1 16 12014 dated ni1 01'2014' It is averrerl in the complaint that accused No s' 1 to 4 managed. tht revenue authorities, showed as if they acquired the entire etnd of one Late Gampala Rajalingz 'mma in partition without consent of complainalt and u'ithr:ut giving or allotting :r share. It is further averred that after the proceedings. accused Nos. 1 to 4 were issu':d 13-B Certificate, patta passbooks and title deeds on th( basis of forged ancL labricated documents. It is averred that on O5.O3.2O2IZ, u'hen de facto cotnplainant was at his fields, accused Nos.1 to 4 along with others tried to occupv the land and entered. into.o an altercation and threatened the \ \ \ o 5 JAK, J CRLP E93 2025 complainant with dire consequences and that immediately he gave a complaint to the police and police failed to take steps. Charge sheet dated 20.06.2024 is filed, in the charge sheet, a table is shown of proceedings of Tahsildar transferring properties in the name of nine persons in various survey numbers for different extents of lands. In the table, the petitioner i.e., Gampala Raghava Reddy's name is shown at Serial No.S, against whom lald admeasuring Ac.l.O2/z guntas in six survey mrmbers is transferred.

9. Though it is averred in the complaint that in March, 2022, the complainant was threatened with dire consequences, there is no whisper as to why the complainant kept quiet and has not taken any steps till 13.04.2022. There is a delay of more than one month in addressing a complaint under Section 2OO Cr.P.C., and the delay has not been explained anywhere. I O. Be that as it may, learned counsel for petitioner/ accused No.3, on instructions, stated that the petitioner/ accused No.3 is willing to cooperate in the ongoing proceedings in the pending case before the competent Court 6 JAK, J ctt-P 893 2025 T'. i.e., Additional Judicial First Class Magistrate at Ramannape, 1 i . On cc nsideration of the entire factual mr'rtrix and perusal of tl tr: record, it is observed that there are rro specific allegations iLgainst petitioner i.e., accused No.3. H,:nce, this Court is of -he opinion that presence of petitioner,/ accused No.3 in C.C.No.445 of 2024 dated 20.06.2024 pend;ng on the file of Ad litional Judicial First Class Magi';trate at ,r:' I Ramannape t can be dispensed with and is dispelsed with conditions.

12. It is :nade clear that petitioner/ accused No.3 shall present himself before the learned Magistrate, if his, presence is requirecl. Petitioner/ accused No.3 shall file arr affidavit that he u'ill rLot dispute his identity and that the proceedings may go on n his absence, to be conducted by his; counsel. Learned corLnsel for petitioner/ accused No.3 sha1l represent before tb.e trial Court without fail on a [1 dates. Petitioner/ a ccused No.3 shall not dispute the proceedings conducted , rL his absence. This order shal1 stanil vacated automatical.l,, if petitioner faiis to attend the proce edings as I I i 7 JAK, J CRLP 893 2025 and when summoned by Court and also when the counsel(s) representing petitionerfaccused No.3 fails to attend Court proceedings on the dates. Any observations made in this order shall not influence the Court below while considering or concluding the case at the time of trial.

13. With the above observations, the Criminal Petition is disposed of. Miscellaneous applications pending, if any, shall startd closed \ To, //TRUE COPY// Sd/- L. VIJAYA LAXMI ASSISTANT REGISTRAR S CTION OFFICER 1 . The Addl.Judicial First-Class Magistrate Court at Ramannapet 2. The Station House Officer, RamJnnapet Police Station, Yadhadri -Bhongir -. Dist.

3. One CC to SRI SREENIVASA RAO RAVULAPATI, Advocate tgPUCl +. i*o CCs to the Public Prosecutor, High Court for the State of Telangana at 5. Two CD Copies Hyderabad [OUT] SMw HIGH COURT DATED: 10102:12025 ORDER {. { CRLP.No.893 of 2025 ..aa i .:.i )(. or,'l ,. ll: Bi t:- \\. iJ ? ' . t" 'i\ ' .:. _..i:.-. ,i4 DISPOSED Ot: THE CRIMINAL PETITION ?IN