Criminal Petition No. 2246 of 2019 · The High Court · 2025

'l. The State of Telangana, Rep. by its Public Prosecutor, High Court of Judicature at Hyderabad for the State of Telangana and The State of Andhra Pradesh through Police Station, Mancherial, Mancherial District

2. Mallamma Bairi, Wo Bhoomaiah, Aged 58 years, Occ: Household, Rio H.No. I 9-209/1, Ramnagar,Mancherial, Mancherial District. Petition undejr 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 the records relating to the C.C.No.341 of 2017 on the file of the ll Additional Judicial First Class Magistrate, Mancherial and quash the same. ... Respondents l.A. NO: I OF 2019 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 stay of all further proceedings in C.C.No.341 of 2017 on the file of ll Additional Judicial Magistrate First Class Magistrate Mancherial including appearance of the Petitioner pending disposal of the Criminal petition. This Petition coming on for hearrng, upon perusing the Memorandum of Grounds of criminal l)etition and upon hearing the arguments of Sri p. Lakshma Reddy, Advocate for the Petitioners and the Sri M \/rvekananda Reddy, Assistant Public Prcsecutor on behalf of the Respondr:nt No.l and None Appeared for the Resoondent No.2. Criminal Petition No.2247 ol 2019 Between: 1 Kondeti Satyanerrayana, S/o Kistaswamy, Aged 49 years, Occ - Advocate or lncometax Practitioner, R/o H.No.6-'107, Market Road, Mancherial, Mancherial District

2. K.V Pratap, S/c K.V.Ramanaiah, Mancherial, Mancherial District. Aged 62 years, ,3cc Advocate, R/o ,.. Petitioner/Al & A2 AND The- State of Telangana, Rep by its public prosecutor, High Court of Judicature at Hyderabad for the Staie of Telanqana and The Staie of Andhra Pradesh through Police Station, Mancherial, Mincherial District lLeni Pratap.ReO,dy,-Sfg Bheemaiah aged 46, years, Occ Mines Employee, R/o Quarter No C:-764, Mancherial, Mancherial-Diskict 2 Petition under section 482 of cr.p .c praying that in the circumstances stated in the Memorancum of Grounds of criminal petition, 'he High court may be pleased to call for rercords relating to the c.c.No.369 of 2017 onlhe file of the llAdditional Judicial First class Magistrate, Mancherial and quash the same ... Respondents l.A. NO: 1 OF 2019 Petition under section 482 of cr.p .c praying that in the crrcumstances stated in the Memoranrium of Grounds of criminal petitron, the High court may be pleased to stay of al further proceedings in the c c.No.369 of 2017 on the file of the ll Additional Judicial First class Magistrate, Mancherial including appearance of the petitirners, pending disposal of the criminal petition. This Petition conring on for hearing, upon perusing the Memorandum of Grounds of crrminal Petition and upon hearing the arguments of Sri p. Lakshma Reddy. Advocate for the Petitioners ancj the Sri M. Vivekananda Reddy. Assistant Public Prosecutor on behalf of the Respondenr. No.l and None Appeared for the Respordent No.2. The Court made the following: COMMON ORDER THE HONOURABLE SRI JUSTICE K.SURENDER CRIMINAL PETITION Nos.2246 and2247 of 2OL9 COMMON ORDER: These Criminal Petitions are hled under Section 482 of Cr.P.C., by the petitioners/accused Nos.1 and 2 to quash the proceedings in C.C.Nos.341 and 369 of 2017 respectively pending on the frle of II Additional Judicial First Class Magistrate, Malcherial.

2. The charge-sheet was hled against these petitioners mainly on the ground that the plots which form part of the 100 feet road was sold to tl:,e de facto complainant in both the cases ald also to other victims, though the petitioner knew that a road was passing through Survey Nos.36 and 181, Malcherial Municipality, and the plots formed part of the road. The plot in C.C.No.34l of 2Ol7 was sold on

21.03.2007, to the de facto complainant. Similarly 1n C.C.No.36-9 of. 2017, the plots were sold in the year 2OO7 itself.

3. The learned counsel for the petitioners would submit that the complaint was filed with a delay of nearly nine 2 years. Further, if there was any grievarce, tlre de facto complainant could have agitated before the concerned Authority an<l could have taken compensation for the road that was proposecl to be acquired by the municipality.

4. Learned Assistant Public Prosecutor submitted a letter No. G 1 / 142 / 2024 , dated ll .O9 .2024, addre ssed by the Municipal Commissioner, Mancherial Municipality, Mancherial Drstrict, which reads as under: "Ftrther, as per the records auailabl'e in this office, 'tere is no approued lagout in the said Sy.I[o's rtg which it can be stqted that no land utas gifted to the Municipality bg the land oun.ers for road pur.oose. In this connection, it is to inforrn gou that as per the approued Master plan/ GTP Sclu,-me of Mancher;al Municipality sanctioned uide G.O.Ms.No.320, MA&UD Dept., dated 1 8.CIB.2O1 2, there is no proposed Master Plan road passing through Sg No.36 and 181 of Macheial Shiuar, Ma nchen al Municip atitg. "

5. The ingrr:dients of Sections 420 of IPC and 506 of IPC read as under "42O. Cheating and d.ishonestly inducing delioery of propertg,-- Whoeuer cheots and tLlerebA dishonestlg induces the person deceiued to deliuer anA propertA to anA person, or to moke, alter or destroA the tuhole or anA port of a ualuable secuitg, or angthing uthich is signed or sealed, and which is capable of being conuerted into a ualuable secuitg, shalt be punished with imprisonment of either desciption for a term u-thich mag ertend to seuen gears, and slwll also be liabte to .fine." '506. Pulnishment Jor criminal intimidqtion.-Whoever commits the offence of cnminal intimidation shall be punished with impnsonment of either description for a term which may extend to two years, or with fine, or with both; If thteat be to cause death or grievous hurt, etc - and if the threat be to cause deatl-r or grievous hurt, or to cause the destruction of any property by fire, or to cause arr offence punishable with death or imprisonment for life, of with imprisonment for a term which may extend to seven years, or to impute unchastity to a woman, sha-Il be punished with imprisonment of either description for a term which may extend to seven years, or with fine, or with both."

6. The Municipal Commissioner stated that there was no , I approved layout in Survey No.37 and further, the Mancherial Municipality sanctioned. Master Plan/GTP scheme, dated t / I8.O8.2OI2,.and there was no proposed master plan for road passing through survey No.36.

7. The letter of the Municipal Commissioner clearly states that there is no master plan for 1OO feet road running through survey No.36, in which survey number plots were sold by the petitioners. The transaction of sale is of the year 4 2007, and it cannot be said that the transactions that have taken place in the year 2OO7 were done by the petitioners with an intention of cheating. Even assuming that there was a master plan which was in the year 2012, l.here was no proposal for,r road to be laid in Survey No..36, where the plots were sold by the petitione rs to de facto complainant and others. Tee criminal proceedings cannot be permitted to continue agairlst the petitioners

8. AccordirLgly, these Criminal Petitions are allowed. No CoStS clo sed Miscellaneous Petitions, pending if an-v-, shall stand SD/- T. JAYASREE ASISTANT REGISTRAR //TRUE COPY// 0r TION OFFICER To, 1 The llAdditional Judicial First Class Magistrate, Mancherial 2. The Station Hous;e Officer, Mancherial Police Station, Mancherial District. 3 Two CCs 1o the Publrc Prosecutor, High Court for the State of Telangana at Hyderabad [OU--]

4. One CC to Srr F Lakshma Reddy, Advocate [OPUC] 5. Two CD Copies kami I'S t- HIGH COURT DATED:051021202s ,** 'G ( :l .i t {}. \...,9 'l\..\ 1 ilE s7r' / Bo a (r^ 1t tpa tW + ! () /)l-.-;,,1;g.HE ,I COMMON ORDER CRLP.Nos.2246 and 2Z4t of 2019 THESE CRIMINAL PETITIONS ARE ALLOWED q\e(