The High Court · 2025

Petition under Section 482 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 call for records relating to the above C.C.No.469 of 2023 on the file of the court of the learned lll Additional Judicial First Class Magistrate, Warangal and quash the same in the interest of justice and pass 1 F Petition under Section 482 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 grant stay of all further proceedings in C.C.No.469 of 2023 on the file of ihe court oi the learned lll Additional Judicial First Class Magistrate, Warangal, pending disposal of the above Criminal Petition and pass This Petition coming on for hearing, upon perusing the Memorandum of Grounds of Criminal Petition and upon hearing the arguments of Sri J SESHAGIRI RAO, Advocate for the Petitioner and Sri Rudresh Deshpande the Assistant Goverment Pleader and the Public Prosecutor (TG) on behalf of the Respondent No.2 The Court made the following: ORDER THE HONOURABLE SRI JUSTICE E.V. VENUGOPAL PETITION No.291 1 0F 2025 ORDER: This criminal petition is f-iled under Se<:tion 52g of the Bharatiya Nagarik suraksha sanhita, 2023 (for short, .the BNSSJ by the petitioner/accused seeking to quash the procr:edings against him in C.C'No.469 of 2023 on the lile of the learncd III Additional Judicial First Class Magistrate at Warangal.

2. Heard Sri J. Seshagiri Rao, learned counsel for the petitioner and Sri Rudresh Deshpande, learned Assistant Government Pleader, appearing on behalf of resp.ndent No.2 State. Perused the material available on record.

3. Brief facts of the case are that respondent No.1 filed a complaint against the petitioner stating that the sRSp canal land falls between 2289oo KM and 22g.ooo KM, situared in Survey No.384. The width of the sRSp canal measures 6z meters from the center of the main Kakatiya canal, located near Thummalakunta, Autonagar, warangal. However, the petitioner allegedly encroached upon the said land and excavated soil from the sRSp land with mala ftde intention to occupy the same illegally" previously, a case was registered against the petitioner, for the offences punishable undcr.Se-ctions 442 and, 42T of Ipc in crime No.25 I of 2022 at 2 EVV,J CRLP.No.291L OF 2025 Matwada Police Station. After that, the complainant noticed that the - petitionerhadagainencroacheduponthesRSPCanalland.The complainant, along with his co-worker' the Deputy Executive Engineer, visited the site on the same day and submitted another complaintagainstthepetitioner,requestingthatnecessarylegal actionbetakentoprotecttheSRSPCanalland.Hence,forthe Samefactsandcircumstances'onemoreCaSewasregistered against the Petitioner' Learned counsel for the petitioner contends that the 4. petitioner is the absolute owner of a piece of property measurlng 1n Sy.No.36, situated at Gouthaminagar' 385 square Yards T\rmmala Kunta, Kothawada, warangal. The property corresponds to Municipal House No.1 1-28 -285 (old H'No' ll-28-2241 A-c)' acquiredthrougharegisteredsalecleedbearingDocumentNo. 5595of2003.Sincethen,thepetitionerhasbeeninpeaceful possessionofthesaidproperty.Learncclcounselforthepetitioner further contended that the petitioner is encroachir-rg on SRSP Canal land, is baseless and merely a result of picssurc from local colon}' residents, vrhere the petitioner himseit resides' Pcnding the present criminal petition. the petitioner hacl filcd writ Petition No'6019 of 2o2l'beforethisCourt,whichrvasdisposedofuideorderdated

31.03.2013, which reads as under: 3 EVV,J oF 2o2s u7- rt is further obsertted that ,, para .hlo. g of th: counter affid,auit Jibd ;; ""^r:*::;'*r" respondent No.S that the Authorities .in."rn""d. will take_ stringent action against aU the person, whoeaer try to encroachlnto canal and further the respondents shafi maintain th,e ^rea. buffer_z9nes of said. co,nal as per the guid,elines of G.O.Ms.No.168 dated. OZ.O4.2OL2 to safeguard the water bodies, the respondents sha.ll dulg follout the same, in tlhe eaent petitioner encrocaches into Canq.l Arear,. 5' Learned counsel for the petitioner further submits that upon filing of the u'r'it petition, at the behest of comprainant/respondent No.1, the respondent No.2 registered an F.r.R.No.o4 of 2024 and charge sheet has been filed.

6. Learned counser further submits that the compraint dated 05.01-2024, made by the respondent No.1, alleges that the petitioner encroached upon SRSP canal land and seeks action in accordance u,ith law. 7' Learned counsel for the petitioner submits that the petitioner being a senior citizen, is harassed under the guise of criminal prosecution at the request of the respondent No.2, rvho are ailegedly acting at the behest of certain other colony inmates where the petitioner resides. It is furr-her submitted that pending the present crime No. 251 of 2022, another complaint vide crime No. 4 of 2024 has been fired for the same set of facts and circumstances under Sections 447 and, 427 0f the IPC before the VI Additional Judicial First crass Magistrate, warangar. It is lurther submitteici subjecting the petitioner to murtiple --that 4 prosecutions on the same set of facts violates Article EVV,J CRLP.No.29L1- OF 2025 20(21 of the Constitution of India, which reads as under: Article 20 (2) protects indiuiduals from being proseanted and punished multiple times for the same offence. It is also known as protection against double jeopardy. It guarantees that a person cannot be penalised twice for tle same offence.

8. Learned counsel for the petitioner submits that the offences under Sections 447 and 430 IPC and Section 3 of the PDPP Act are not made out, as the petitioner did not trespass into the SRSP Canal land or cause any damage by attempting to construct a house on it. Hence, the petitioner seeks indulgence of this Hon'ble Court to quash the proceedings against him.

9. Learned Assistant Public Prosecutor for respondent/State submits that the Sections involved in both the cases are entirely different and independent in nature. He contends that unless the trial is concluded, the truth cannot be elicited. Therefore, he prays the Court to dismiss the Criminal Petition.

10. Having heard both the parties, this Court, upon examination of the facts and material placed before it, is curious to note that although the complainants are different in both cases, the facts, circumstances and witnesses, specihcally LW-21M. Krishna Prasad and LW- |T- Rajamallu, are the same in both the cases uiz., F.l.R. No.25 | of 2022 and F.l.R. No.04 of 2024. 5

11. The Apex Court in the case of T.T.Antong a. State Of Kerala & Otherst quashed the FIR and subsequent proceedings, and affirmed that the oigincil inuestigation under the first FIR should continue through EVV,J CRLP.No.291-L OF 2025 furthe r inu e stig atio n. L2. At this juncture, it is pertinent to note that this Court uide order dated 28.08.2025 in Criminal Petition No. 2903 of 2025 quashed the proceedings against the petitioner herein in C.C. No. 175 of 2024 in FIR No. 4 of 2024 on the file of the learned III Additional Judicial First Class Magistrate at Warangal, which is registered for the similar offence.

13. It is noteworthy that since the proceedings against the petitioner herein in C.C.No.175 of 2024 in FIR No. 4 of 2024 are quashed, the true facts can be elicited only after conducting a detailed trial in the present crime i.e., C.C. No. 469 of 2023 in F.l.R.No.251 of

2022. Considering the facts and circumstances of the case, this Court is of the considered opinion that there is no repeated criminal investigation ancl prosecution against the petitioner in view of the quashing of tht: proceeding against the petitioner in in C.C. No. 175 of 2024 in FIR No. 4 of 2024 by this Court uid.e order dated 28.08.2025 in Criminal Petition No.2903 of 2025. Therefore, this Court is not inclined to quash the proceedings against the petitioner at this stage and the Criminal Petition is liable to be dismissed. '1zoo1) 6 scc 18i 6 EVV,J CRLP.No.291L OF 2025 L4. Accordingly, the Criminal Petition is Dismissed Miscellaneous applications, if any pending, shall also stand closed. 1 SD/-M.NAGAMANI ASSISTANT REGISTRAR //TRUE COPY'/ SE OFFICER To,

1. The lll Additional Judicial First class Magistrate at warangal, warangal 2.TheS.H.o,MatwadaPoliceStation,WarangalDistrict' 3 One CC to SRl. J SESHAGIRI RAO Advocate [OPUC] 4. one cc to Public Prosecutor, High court at Hyderabad [ouT] Two CD GoPies PK/PSI- (r HIGH COURT DATED i2810812025 1nf Era ln ilru nf ((\( '-) ( * I / , t.l,l\ ]- DISMISSED CRLP.N o.2911 of 2025 6 fl+ t0 3t \ ) I )