The High Court · 2025

1. The State Of Telangana, Through Station House Officer, AJ Mills Colony, Warangal, Rep. by the Public Prosecutor, High Court of Telangana, Hyderabad.

2. Racherla Rajeswar,Rao, S/o. Rajalingam, Age. 96 years, Caste. Padmashali, R/o Santhindgar, Warangal. ...Respondents/ De-facto Com plainant Petition under Section 528 of B.N.S.S. praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition, the High Court may be pleased to call for the records in CC 213112024 on the file of the Court of the I Additional Judicial First Class Magistrate at Warangal District filed by the respondents U/s 2948,448, 506 R/w 34 IPC and quash the Crime in so far as petitioner /Accused as the same is illegal and abuse of process of law. l.A. NO: 1OF 2025 Petition under Section 528 of B.N.S.S. praying that in the circumstances stated in the IVl,3morandum of Grounds of Criminal Petition :he High Court may be pleased to s:ay all further proceedings including arrest and appearance of the petrtioners / Ac,:used No.'1 to 4 in CC 213112024 on the file of the Court of the I Additional Julicial First Class Magistrate at Warangal District filed by the respondents U/:; 2948, 448, 506 R/w 34 IPC on pending disposal of the above Crl.P. This Peti':ion coming on for hearing, upon perusing the Memorandum of Grounds of (lriminal Petition and upon hearing tht.' arguments of Sri lndira, Advocate for the Petitioner and Sri D.Arun Kumar. Additional Public Prosecutor on behalf of the Respondent No.1 and none appeared for the Respondent No.2. The Court made, the following: ORDER r.:;i""P*ffirT#rr - THE HONOURABLE SMT JUSTICE K. SUJANA CRIMINAL PETITION No.34L2 of 2o.25, ORDER: This criminal Petition is filcd seeking the court to quash the proceedings against the petitioners who are arrayed as accused Nos.l to 4 in c.c.No .2131 of 2024 on the file of the I Additional Judicial Magistrate of First Class, Warangal District, registered for the offences punishable utrder Sections 294-8, 448 and 506 read with 34 IPC.

2. The brief facts of the case are that the complainant, Racherla Rajeswar Rao, a 96-year-old man, alieged that his tenant, Sirimalla Suryanarayana, and his family members had been residing in a portion of his ancestral house in Warangal on a rent basis. When the complainant visited the house to collect rent, Suryanarayana's wife, Revathi, and their children allegedly abused him in filthy language and threatened to kill him if he came for rent. Based on the complaint, the police registered a case against the petitioners - Revathi, Leela, Aruna, and Veerender for the offences as alleged' 2 3' [{ea:-d Smt Indira, rearned counsel for petiri.ners, and sri D.Arun [iumar, learned Additional public prosecutor, appearing flor re spondent No.1 - State. None zrlrpeared for responrlent No.2.

4. Lear'red counser for the petitioners submittt:<l that the complai.t filed b-y respondent No. 2 is a clear abuse of process of law, with fictitious and concocted allegations aimed at implicaring the entire family, incruding a 6g-year-'rrl woma,. She further submitted that the complaint lacks specificity regarding r.he date of the alleged incident and is; vague in nature. Sh<: conte'ded that the police investigatio. is flau,ed, u'ith no in<iepcndcnt witnesses examined. she asserted that the petitiorrers contend that respondent No. 2 ..,zrc take* a loan and ha.ded over the house to them 40 i.cars ago, promising t, retund the roan or transfer the property, and that the responc.ent's attempt to settle previous disputt:s in 2019 and 2023 'was rejected, leading to the current r:omplsip6. Therefore, s;he prayed the court to quash the proceedings against the petitioners. "'jqFffir'-.1+f$s':1sf ...: i *.. {" d \y ':;: .' - 3

5. On the other hand, iearned Additional Public Prosecutor, appearing for respondent No' 1 -State' opposed the submissions made by learned counsel for petitioners, and contended that the petitioners were rightly implicated in thc casebasingontheavermentsmadeinthecomplaintlodged bycomplainant.Heassertedthattheallegationslevelcd against the petitioners are of serious nature' and the same requires full-fledged trial. Therefore, he prayed the Court to dismiss the criminal Petition'

6. Having regard to rival submissions made' and on going through the material placed on record' it is noted that accused No.1 is mother of accused Nos'2 to 4 and respondent No.2 resides in house bearing No.18-9-25 near Bommalagudi' r,r,hich is said to have been acquired by respondent No'2 throughhisancestorsintheyearlgg5itself.Thepetitioners reside in first floor of the said house on rent basis. It is the specific ailegation of respondent No.2 that accused No' l stopped paying rent of the said house and also used ground floor of the said property, and' when he requested the petitioners to pay rent, they abused him in filthy language and threatened to kill him if he comes to house for rent. However, 4 rccord re'eals ttrert except the said alregations, r..1ere are no r>1hcr sper:ific st:r of alegations against the petiticners. That itpart, the a'u'crnlcnts of the complaint itself woulrl reveal Lhat. ^lr..cl,r er con-rplrrir-rt is frled by respondent No.2 against the pctitioners, for non payment of rent amount for w,hich he has to approach the competent court. Therefore, consirlering the facts and c:ircumstances of this case in its entirety, this court is of the oprinion that continuation of the criminal prroceedings against the petitioners constitutes an abuse of procr:ss of law.

7. Accordingl.l,, this Criminal petition is allor,r,ed and the proceedings i.itiar-ed against the petitioners in c.c \o.2131 of '20'24 on rh,: filc of the I Additional Judicial Magistr.te of First Class, Waretngal District, are hereby quashed. Miscellaneous applications, if any pending, shall also stand closed. SD/- K.BHAVANI SWAMY ASSISTANT REGISTRAR 6 //TRUE COPY// SECTION OFFICER To,

1. The I Additional Judicial First Class Magistrate at Warangal District. 2 The Station House Officer, AJ Mills Colony, Warangal. 3. One CC tc,Sri. lndira Advocate [OPUC] 4 Two CCs 1o Public Prosecutor, High Court for the State of Telangana. [OUT] 5 Two CD Copies. Fr "----- -*-":.-- YJR /PSI- .-.. - ..: : .:' . . -., - " -*:,;*;"=;;i+;,l .: '- -,-1fi;.:. t*.;;;,;.-.-.. HIGH COURT DATED i15t1012025 ! ORDER CRLP.No.3l41 2 of 2025 IJ 14 #ru iffi i {' r,;i -i-C Yir.o * CRIMINAL PETITION IS ALLOWED. ."d'5 I -F'G

1. The State Of Telangana, Through Station House Officer, AJ Mills Colony, Warangal, Rep. by the Public Prosecutor, High Court of Telangana, Hyderabad.

2. Racherla Rajeswar,Rao, S/o. Rajalingam, Age. 96 years, Caste. Padmashali, R/o Santhindgar, Warangal. ...Respondents/ De-facto Com plainant Petition under Section 528 of B.N.S.S. praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition, the High Court may be pleased to call for the records in CC 213112024 on the file of the Court of the I Additional Judicial First Class Magistrate at Warangal District filed by the respondents U/s 2948,448, 506 R/w 34 IPC and quash the Crime in so far as petitioner /Accused as the same is illegal and abuse of process of law. l.A. NO: 1OF 2025 Petition under Section 528 of B.N.S.S. praying that in the circumstances stated in the IVl,3morandum of Grounds of Criminal Petition :he High Court may be pleased to s:ay all further proceedings including arrest and appearance of the petrtioners / Ac,:used No.'1 to 4 in CC 213112024 on the file of the Court of the I Additional Julicial First Class Magistrate at Warangal District filed by the respondents U/:; 2948, 448, 506 R/w 34 IPC on pending disposal of the above Crl.P. This Peti':ion coming on for hearing, upon perusing the Memorandum of Grounds of (lriminal Petition and upon hearing tht.' arguments of Sri lndira, Advocate for the Petitioner and Sri D.Arun Kumar. Additional Public Prosecutor on behalf of the Respondent No.1 and none appeared for the Respondent No.2. The Court made, the following: ORDER r.:;i""P*ffirT#rr - THE HONOURABLE SMT JUSTICE K. SUJANA CRIMINAL PETITION No.34L2 of 2o.25, ORDER: This criminal Petition is filcd seeking the court to quash the proceedings against the petitioners who are arrayed as accused Nos.l to 4 in c.c.No .2131 of 2024 on the file of the I Additional Judicial Magistrate of First Class, Warangal District, registered for the offences punishable utrder Sections 294-8, 448 and 506 read with 34 IPC.

2. The brief facts of the case are that the complainant, Racherla Rajeswar Rao, a 96-year-old man, alieged that his tenant, Sirimalla Suryanarayana, and his family members had been residing in a portion of his ancestral house in Warangal on a rent basis. When the complainant visited the house to collect rent, Suryanarayana's wife, Revathi, and their children allegedly abused him in filthy language and threatened to kill him if he came for rent. Based on the complaint, the police registered a case against the petitioners - Revathi, Leela, Aruna, and Veerender for the offences as alleged' 2 3' [{ea:-d Smt Indira, rearned counsel for petiri.ners, and sri D.Arun [iumar, learned Additional public prosecutor, appearing flor re spondent No.1 - State. None zrlrpeared for responrlent No.2.

4. Lear'red counser for the petitioners submittt:<l that the complai.t filed b-y respondent No. 2 is a clear abuse of process of law, with fictitious and concocted allegations aimed at implicaring the entire family, incruding a 6g-year-'rrl woma,. She further submitted that the complaint lacks specificity regarding r.he date of the alleged incident and is; vague in nature. Sh<: conte'ded that the police investigatio. is flau,ed, u'ith no in<iepcndcnt witnesses examined. she asserted that the petitiorrers contend that respondent No. 2 ..,zrc take* a loan and ha.ded over the house to them 40 i.cars ago, promising t, retund the roan or transfer the property, and that the responc.ent's attempt to settle previous disputt:s in 2019 and 2023 'was rejected, leading to the current r:omplsip6. Therefore, s;he prayed the court to quash the proceedings against the petitioners. "'jqFffir'-.1+f$s':1sf ...: i *.. {" d \y ':;: .' - 3

5. On the other hand, iearned Additional Public Prosecutor, appearing for respondent No' 1 -State' opposed the submissions made by learned counsel for petitioners, and contended that the petitioners were rightly implicated in thc casebasingontheavermentsmadeinthecomplaintlodged bycomplainant.Heassertedthattheallegationslevelcd against the petitioners are of serious nature' and the same requires full-fledged trial. Therefore, he prayed the Court to dismiss the criminal Petition'

6. Having regard to rival submissions made' and on going through the material placed on record' it is noted that accused No.1 is mother of accused Nos'2 to 4 and respondent No.2 resides in house bearing No.18-9-25 near Bommalagudi' r,r,hich is said to have been acquired by respondent No'2 throughhisancestorsintheyearlgg5itself.Thepetitioners reside in first floor of the said house on rent basis. It is the specific ailegation of respondent No.2 that accused No' l stopped paying rent of the said house and also used ground floor of the said property, and' when he requested the petitioners to pay rent, they abused him in filthy language and threatened to kill him if he comes to house for rent. However, 4 rccord re'eals ttrert except the said alregations, r..1ere are no r>1hcr sper:ific st:r of alegations against the petiticners. That itpart, the a'u'crnlcnts of the complaint itself woulrl reveal Lhat. ^lr..cl,r er con-rplrrir-rt is frled by respondent No.2 against the pctitioners, for non payment of rent amount for w,hich he has to approach the competent court. Therefore, consirlering the facts and c:ircumstances of this case in its entirety, this court is of the oprinion that continuation of the criminal prroceedings against the petitioners constitutes an abuse of procr:ss of law.

7. Accordingl.l,, this Criminal petition is allor,r,ed and the proceedings i.itiar-ed against the petitioners in c.c \o.2131 of '20'24 on rh,: filc of the I Additional Judicial Magistr.te of First Class, Waretngal District, are hereby quashed. Miscellaneous applications, if any pending, shall also stand closed. SD/- K.BHAVANI SWAMY ASSISTANT REGISTRAR 6 //TRUE COPY// SECTION OFFICER To,

1. The I Additional Judicial First Class Magistrate at Warangal District. 2 The Station House Officer, AJ Mills Colony, Warangal. 3. One CC tc,Sri. lndira Advocate [OPUC] 4 Two CCs 1o Public Prosecutor, High Court for the State of Telangana. [OUT] 5 Two CD Copies. Fr "----- -*-":.-- YJR /PSI- .-.. - ..: : .:' . . -., - " -*:,;*;"=;;i+;,l .: '- -,-1fi;.:. t*.;;;,;.-.-.. HIGH COURT DATED i15t1012025 ! ORDER CRLP.No.3l41 2 of 2025 IJ 14 #ru iffi i {' r,;i -i-C Yir.o * CRIMINAL PETITION IS ALLOWED. ."d'5 I -F'G