High Court · 2025

Petition under Section 482 of cr.P.C praying that in the circumstances stated in the ltlemorandum of Grounds of Criminal Petition, the High Court may be pleased to call for the records in FIR No.276 of 2023 on the file of the P.S. AJ Mills bolony, Warangal District and the same may be quashed' l.A. NO: 1OF 2023 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 pieased to stay of all further proceedings in FIR No.276 of 2023 on the file of the ir.S. ru Mills Colony, Warangal District, pending finalization of the Criminal Petition. ThisPetitioncomingonforhearing,uponperusingtheMemorandumof GroundsofCriminalPetitionanduponhearingtheargumentsofSriRNAVEEN KUMAR, Advocate for the Petitioner and sri E.Ganesh, the Assistant Public Prosecutor on behalf of the Respondent No.1 and Sri Alladi Ravinder, counsel representing Sri Bandar Srikanth counsel for the Respondent No'2' The Court made the following: ORDER I i I ,1 ( THE HONOURABLE SRI JUSTICE E.V.VENUGOPAL CRIMINAL PETITION No.4793 OF 2023 ORDER: This Crirnir-ral Petition is filed under Section 182 of Cr.P.C seeking to quzrsh the proceedings against the petitioner s/ accused Nos. 1 to 3 and :i in F.I.R.No.276 of 2023 on the file of the Station House Officer, P.S. AJ Mills Colony, Warangal District. ',2. Heard Mr.J.Kanataiah, learned counsel retresenting Mr.R.Naveen I.j:mar, learned counsel for the pretitioners, Mr.E.Ganesh, lr:arned Assistant Public Prosecutor apl,earing for respondent Nr:r. 1-State and Mr.Alladi Ravinder, learne d counsel representing I\4r.Bandar Srikanth, learned counsel for r:spondent No.2.

3. The brie{ Ia.cts of the case are that on 23.O4.2O2i} at 19:OO hours, respondent No.2/de facto complainant lodged a complaint stating that thr: Ruling Government has allotted agricultural land admeasuring Acs 3.04 gts in survey No.304, 3ll, 312 and got the ROR patta in l.h.t: name of his father; that the said larrds are in their possessir:,n and that they were cultivating the l:,Lnds; that few years ago, zrr:cused Nos.2 to 4 created bogus docrrments in the year, 2006 r;hou,ing that they have purchased sairt lands in j4.---9.\\ 2 the year, 1971. Believing the same, the revenue Officials donated the lands as normal lands and got the ROR Patta on their name; respondent No.3, on knowing about the cheating, complained about it ald the authorities concerned informed that tire Pattas were cancelled. Since, few years accused .No.1 who is son of Sujatha was dumping material to built compound wall around their land and on that the then caste elder Rathipelli Samba Murthy and others have questioned about the illegal acts; upon ') which accused No.l started claiming that the said land belongs to them and constructed a basement in the said land in order to grab the same. Basing on the said facts the present crime is registered vide Crime No.276 of 2023 under Sectioos 386, 447, 427 r lw 34 of I.P.C.

4. Learned counsel for the petitioners submits that respondent No.2 had filed civil suit vide O.S.No.470 of 2Ol9 on the file of the learned Principal Senior Civil Judge, at Warangal seeking the reliefs of Partition, Perpetual Injunction etc' and the same is pending adjudication; that the petitioners filed copies of 13-B Certificates along with translations dated 07'08' 1998 and

22.O2.1ggg pertaining to survey No'312 arld states that they are the title holders of the property. Relying on the decision passed by the Honble Supreme Court in Usha Chakraborty and ".?:-4.: .) another Vs. State of West Bengal and anotherl l..e seeks to allou, this Crirninal Petition

5. Learnec Assistant Public Prosecutor and learned counsel - for responderLt No.2 submits that this Court vide order dated Ol .06 .2023 grnnted interim stay of all further proceedings in F.I.R.No.276 ctf '.2023 of A.J. Mills Coiony police Station, Warangal District, until fi-rrther orders. By virtue of the interim stay passed ,, by this Court, further investigation is stalled and henc:e, seeks to { ( dismiss this C)riminal Petition.

6. Having rr:gard to the submissions of both tl re learned counsel, relying on the decision cited supra, wherein it is held that the complzr,.nt disclosing civil transactions may also have a criminal textu re. but if a civil remedy is availabie ancl is, in fact, adopted, Higt. {J ourt should not hesitate to quash th e criminal proceedings to crevent abuse of process of law; th,: decision passed by the llon'ble Supreme Court in State of Haryana Vs. Bhajan Lal2, thrs Court is of the opinion that allegatiorrs made in the F.I.R. or cornplaint are so absurd and inherentll. i--nprobable on the basis ol' r,r'hich no prudent person can ever reac.h to a just conclusion that l.here is sufficient ground for proceedirrg against ' 12021r l5 Supremc ( ..u 1 ( J,cs 135 - 1992 Supp (l) SCr' i i I I 4 n the accused and so, the proceedings in so far as petitioners/ accused Nos l to 3' 5 are concerned in F'I'R'No'276 of 2023 on the fiie of the Station House Off,rcer' P'S' AJ Mills Colony, Warangal District stands quashed' 7 . Accordingly, the Criminal Petition is allowed' MiscellaneousPetitions,pendingifany,shallstandclosed. //TRUE COPY// ! To, ,#3++RE3'L'+[tk SECTION OFFICER i*ffi ?t"' il,*:::f $t#1ffi:+tim'*,i;',+:#ffi

6. Two CD CoPies Tpk t I / HIGH COURT DATED:0510312025 ) ORDER CRLP.N o.4793 of 2023 CRIMINAL PETITION IS ALLOWED q