The High Court · 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 pieaseo to quash the rmpugned FIR vide crime No.24012024 dt.13-04-2024 iegistered by the p.S Jagaon,-Warangal against the Petitioners/Accused herein in the interest of justice and equity. _ l.A. NO: 2 OF 2025 PetitionunderSection52BofBNSSprayingthatinthecircumstances stated in the Memorandum of Grounds of criminal Petition, the High courtmay be pi"rt"O to grant stay of all further proceedings pursuant to the impugned FIR No' 24012024 aLfi-Oq-Z3Zq registered by the P.S. Jangaon, Warangal District, whrch is on the file of the file of P-rincipal Judicial First-class Magistrate, at langaon. For theallegedoffencesUnderSection.44T,42Tand506R/w34oflPCincluding arrest aid personal appearance of the petitioner pending disposal of the present Criminal Petition. I This Petition coming on for hearing, upon perusing the Memorandum of Grounds of Crinrinal Petrtion and upon hearing the arguments of Sri RVR Associales, Advocate for the Petitioner and the Assistant Public Prosecutor (TG) on behalf of the Respondent No.1 . The Court made the following: ORDER "/ I ,/ // IION'tsLE SRI JUSTICE K. LAKSHMAN CRIMINAL PEI'lI'ION Ntt. 2107 rol- 2$25 oRAL ORDER: Heard Mr. Dontireddy Venkat Reddy, learngd Senior Counsel representing Irzl/s RVR Associates, leamed counsel for the petitioners and leamed Assistant Public Prosecutor, appearing for respondents'

2. This Criminal Petition is filed by the petitioners under Section - 528 of rhe Bharatiya Nagarik Suraksha Sanhita (for Short 'BNSS') to quash Cr.No.240 of 2024 dated 13'04'2024 pending on the file of Janagaon Police Station, Warangal District against the petitioners/accused Nos.1 and 2 for the offences punishable under Sections 447,421 and 506 read with 34 ollPC

3. The allegations levelled against the petitioners herein are that 2,,d respondenVdefacto complainant is having land to an extent of Ac.5.2TguntasinSy.No.214situatedattheoutskirtsofChitakondur Vitlage. A.l, Ex-MLA, is the adjacent land owner which he purchased fi'orn A.2. There is no approach road to the said land' So the petitioners herein, in the absence of 2nd respondent, criminally trespassed into the land of 2"d respondent, poured some soil and levetled the road to their land without any permission' On noticing the 2 said incident, workers of 2nd respondent informed the same to 2nd respondent over phone. 'l'hen, 2nd respondent asked them to stop the said work as there is no approach way to their land from his tand. On

09.12.2023, A.2 came to his house and asked him to give his land for laying road for rvhich he will get funds from govemment. A. 1 also threatened 2''d respondent that if he refuses, he would get a criminal case be registered against him. Again on 19.02.2023, A. I threatened mother of 2''d respondent stating that he will file a case if she did not heed his words. On the same day evening, A.l took away the JCB of 2nd respondcnt ll'om his land and got filed a false case by A.2 against him stating that 2nd respondent is removing the government road with JCB. In the said case, JCB was seized and produced befbre the Courl- Due to the said ittegal acts of A.1, 2nd respondent did not get his passport renewed and go to USA. Just because of not giving a way to A.l, A.l and A.2 filed a false case against 2nd respondent, threatened his mother and prevented him going to USA. Therefore, he sought necessary action against the petitioners herein/A.1 and A.2-

4. Leamed Senior Counsel appearing for petitioners would contend that l" petitioner is a public representative and 2nd respondent dragged the 1't petitioner into the present litigation, There is no ' /., 3 specific allegation against the petitioners herein- The contents of the complaint lacks ingredients of the offences alleged against the petitioners in Cr.No.240 of 2024. The Investigating Officer in the subject crime has completed investigation and laid charge sheet against the petitioners herein on 13.04.2024 itself' Cr'No'798 of 2023 was registered against 2nd respondent and others on the complaint lodged by A.2 herein. The 2nd respondent filed a criminal petition under Section 482 of Cr.P.C. to quash the proceedings in Cr'No'798 of

2023. 'l'his court disposed of the said criminal Petition directing the Investigating Officer to complete investigation-

5. Whereas, leamed Asst.Public Prosecutor, on instructions, would submit that the Investigating Olficer has recorded the statements of six witnesses in the present crime and the Investigating Ofllcer has addressed a letter dated 15.04.2024 to the Tahsildar, Jangaon with a request to fumish the lollowing infonnation:-

1. Whcther any I'athway or road (Naksha Bata) to the Sy'No'39 through the Sy.No.214, if any pathway or road exist- providc the ceflified copies of Naksha bata,

2. As thc said survey numbers are the boundaries of two villages so clarify u'hethcr any pathway or road between them with proper evidence, for the purpose of investigation. I T I I . I I I 1 On receipt of the said information, the lnvestigating Officer will complete the investigation and file final report.

6. Thus, Prima facie, there are specific allegations against both the petitioners herein. According to the complaint dated 13.04.2024, the 1" petitioner went to the house of 2nd respondent on 09.12.2023 and threatened him to sell the property belongs to him to the 1" petitioner so that he will allot funds to him for the purpose of laying road. Again, l" respondent threatened 2nd respondent over phone on

19.02.2023 . -fhus, there are specific allegations against the petitioners herein. The Investigation is pending. Prima facie. the contents of the complaint constitute the offences alleged against both the petitioners herein. This is not a rarest of rare case to quash the subject crime.

7. As discussed supra, during the course of investigation, the Investigating Officer recorded the statements of six witnesses i.e. 2nd respondent as L.W. 1, his mother as L.W.2, employees of the 2'd respondent as L.Ws.3 and 4, residents of his village as L,.Ws.5 and 6. All of them. in one voice stated that the petitioners have threatened the 2'd respondent and his mother. Therefore, prima facie., there are specific allegations against both the petitioners herein. l

8. In Skoda Auto Volkswagen Inditt Private Limited v' The Slate of Uttar Pradeshl, the Hon'ble Supreme Court refening to the various judgments rendered by it categorically held that the High Courls in exercise of its inherent powers under Section 482 of Cr'P'C has to quash the proceedings in criminal cases in rarest of rare cases with extreme caution' This is not a rarest of rare case to quash the I I subject FIR.

9. The punishment lor the offences alleged against the pctitioners is below seven (7) years' Therefore' the Investigating Oflrccr in Cr.No.240 of 2024 has to follow the procedure laid down under Section 4l-A of Cr.P.C.

10. As discussed supra, the subject crime was registered on

13.04-2024. The lnvestigating Officer has not even served notice ur.rder Section 41-A of crPC on the petitioners herein. He is waiting tbr the infbrmation frotn the Tahsildar concemed' Even then' they have filed the present petition to quash the subject FIR' I l. In the light of the aforesaid discussion' this criminal petition is disposed of directing the Investigating Ofhcer in Cr'No'240 of 2024 pending on the file of the Janagoan Police Station' to conduct '. ArR 2021 SC 931, (t investigation strictly in accordance with the procedure laid down under law. As a scquel thereto, miscellaneous petitions, if any, pending in the crirninal petition shall stand closed. SD/- MOHD. ISMAIL ASSIST,ANT REGISTRAR To, ,TRUE COPY// R&P- St:CTION OFFICER

1. The Principal Judicial First-Class lvlagistrate, at Jangaon 2. The Station House officer, Jangoan Police Station, Warangal. 3. Two CCs to The Public Prosecutor, High Court of Telangana at Hyderabad.IOUT]

4. One CC to Sri Dontireddy Venkat Reddy, Advocate RVR ASSOCIATES, toPUcl

5. Two CD Copies SfuPSI- N HIGH COURI- DATED:13102.12025 ORDER CRLP.No.21A7 ot 2025 I I '* IHF- srA )'4: 2 J n,,t IW f z p .5n4r CttEc CLOSING THE CRIMINAL PETITION o-'b \ 2e