Therefore, learned counsel seek to dismiss this Criminal Petition. vs Warangal

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 the records in FIR No.254 oI 2023 on the file of the P.S' AJ Mills Colony, Warangal District and the same may be quashed. i 2 l.A. NO: 1OF 2023 Petition under liection 482 of Cr.P.C praying that in the :ircumstances stated in the Memorarrdum of Grounds of Criminal Petition, the H gh Court may be pleased to stay of all further proceedings in FIR No.254 of 2O2) on the file of the P.S. AJ IMills C)olony, Warangal District, pending finalization cf the Criminal Petition. This Petition coming on for hearing, upon perusing the [\/emorandum of Grounds of Criminal Petition and upon hearing the arguments of Siri R NAVEEN KUMAR, Advocate for the Petitioner and Sri E.Ganesh, the Assistant Public Prbsecutor on behalf of the Respondent No.1 and Sri P.Giri Krishrra, counsel for the Respondent No 2. The Court made the following: ORDER THE HONOURABLE SRI JUSTICE E.V.VENUGOPAL CRIMINAL PETITION No.4794 OF 2o23 ORDER: This Criminal Petition is filed seeking to quash the proceedings against petitioners/ accused Nos.1 to 6 in F.LR.No.254 of 2023 on the file of the Station House Ofhcer, Police Station AJ Mills Colony, Warangal District

2. Heard Mr.J.Kanakaiah, learned counsel representing Mr.R.Naveen Kumar, learned counsel for the petitioners, Mr.E.Ganesh, learned Assistant Public Prosecutor appearing for respondent No.1-State and Mr.P.Giri Krishna, learned counsel for respondent No.2.

3. The brief facts of the case are that on 11.04.2023, at about 21:3O hrs, respondent No .2 / complainant filed a complainant before the concerned Police Station, stating that about two months back, the petitioners trespassed into his house property in survey No.314/A, situated at Fort Warangal Shivar and demolished the compound wall and threatened him with dire conseqlrences; respondent No.2 stated that he had purchased the said house property in three spells; at the first instances, he has purchased 117 sq yrds under registered document and 33 sq. I I ! 2 yrds through notar5z from palakurthi Krishna ancl finally on 13.O2.1995,.h,: had purchased 4g sq. yrds from Gottam Sarojana through notar'r', as such he is the absorute o$,ner or- the house property. Basurlg on the said complaint, the police hav,: registered the F.I.R.No..l5i4 of 2023 against the petitiorrers for the offences punishable und,:r Sectio ns 442 , 422 , 3g6 r /w 34 of Lp.C. 4. Learnec :ounsel for the petitioners subm itted that petitioner No t rrad fired w.p.No.7474g of 2019 before this court , and vide order cl;lted 1l.OZ.2O1g it was held as folloq.s: . .The rar ievance of compoun(l u i Il I^ thn 4rh respondent. .the petitioner is against consLrlrcttolt !)f O, in structions, - Iearned Standing Counsel inlorms t h : Courr rha o t 07.06.2.o19 .,ott.. ,nJ.i'sE.u",i ii.ztri Ir"..,,, , HydlraLarl ry' rrnrr_inal.^Corpo*ti". a.t*ifi.""t,]i . -,t ", Acr,l inrt o\ 07.c;7.2o1g.r.,o,i."'rna.r,.i".i"i, oar,tl or,h. " ct.f v, t GHMC Ac1 rvrs issued t" th; ;; ."""r"o""i "l,i turrher action is being ta[:e,r In v:r:r,. lhereof, 4rh respondent is directed not to make arl, respondent i,., madc by rht further conslr rction of compoun; ;;il"";il;;3.[ drrecrcd to ersure that no iurther .;"J;;";;;* 4') respsn, J-, , - After a lapse or' ;rearly, 3 yz years, respondent No.2 hac; fired the present compl: ir-rt. Therefore, learned counsel submiti; that by virtue of the ab,l\rc said order, the construction of compcund wall itself is stallerl; that the allegations levelled 1n the present complaint does r t,tt subsist any further and if investigated the compiaint does nc,t withstand the scrutinv of.larv. Therr:fore, he seeks to allow rlt e ,lriminal petition. . 3

5. Learned Assistant Public Prosecutor and learned cotrnsel for respondent No.2 submits that petitioner No.1 had filed Writ Petition No.4 182 of 2023 seeking to declare the action of respondent Nos.2 to 4 therein in interfering into the civil matters of the petitioner, as illegal and arbitrary. This Court vide order dated 09.03.2023 closed the said Writ Petition upon taking into consideration, the undertaking given by the learned Assistant .povernment Pleader for Home that due process of law will be followed by him.

6. Learned counsel further submit that this Court vide order dated 01.06.2023 granted interim stay of all further proceedings in F.I.R.No.254 of 2023 on the file of the Station House Officer, A.J. Mills Colony Police Station, Warangal District, until further orders. By virtue of the same, further investigation is stalled. Therefore, learned counsel seek to dismiss this Criminal Petition. 7 . Having regard to the submission of all the learned counsel and upon taking into consideration, the order dated 11.07.2019 passed by this Court in W.P.No.14149 of 2Ol9; order dated

09.03.2023 in W.P.No.4182 of 2023 and relying on the decision passed by the Hon'ble'Supreme Court in State of Haryana Vs. t I l, 4 Bhajan Lalr, t1r,s Court is of the opinion that allegations made in the F.I.R. or <:rirnplaint are so absurd and inherentiy improbable on the basis of ',vhich no prudent person can ever rea,:h to a just conclusion that there is sufficient ground for proceeding against the accused and so, the proceedings in s() lar as petitioners/ accu sed Nos.1 to 6 in F.I.R.No.254 of 2O2i: on the file of the Station House Officer, Police Station AJ Mitls Colony, Warangal District stands quashed. It is made clezrr that the J above..said o':r;,:rvations shall not have aly bearing upon any other proce,:c ings between the petitioners and unofficial respondent N ,r. il . B. Accordir.rgly, the Criminal Petition is allowed. Miscellzrne ous Petitions, pending if any, shall star-rd closed I t11L SupT Q),s:" I //TRUE COPY// To, SD/.MOHD ISMAIL DEPUIY REGISTRAR lec'rronr oFFrcER 1 . The I Additiona Judiciat First Class Magistrate, Warangat 2. The Station House officer, p_of ice Statio-n,' nJ irrf if f" cofony, Warangal 3. Two CCs ro tre pUBLtC. PROSECUibC, UiS-h 6;rn at Hyderabad. (OUT) 4. One CC to SRt rt NAVE.EN_KUnrnn eOr".Xi"iOpUcl 5. one CC ro SRt p ctRt KRISHNn eor""L-t""fi5iI'cf 6. Two CD Copies Tpk HIGH COURT DATED:0510312025 ORDER CRLP.No.4794 of 2023 I ) ,1E i rAI4r I ti, (..1 I lIIPB M t .! s.r-r , CRIMINAL PETITION IS ALLOWED ,{ I