The High Court · 2025

Sriramoju Murali, S/o.Narsaiah Aged 60 years, Occ. Carpenter R/o.H.No.10_ 2-38011. Kothaysawada. Karimnagar Disirict, Telangana State. ... Petitioner/Accused No.1 ,..Respondents/Defacto Complainant 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 quash the proceedings against the petitioner in C.C.No.679 of 2020 dt.20.05.2020 on the file of tlt Additional Junior civit J udge-cum-J udicial Magistrate of First Class (PCR Spl. Mobile Court) at Karimnagar, registered Under Sec.448, 453 r/w 34 lPC. t.A. NO:2OFm24 Petitlon under Sectlon 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 including appeirance of the petitioner in c.c.No.679 of 2020 dt.20.05.2020 on the file of lll Additional Junior Civil J udge-cum-J udicial Magistrate of First Ctass (pCR Spl. Mobile Court) at Karimnagar, pending disposal of the above Criminal petition. This Petition coming on for hearing upon perusing .f 3 [/emorandum of Grounds of Criminal Petition and upon hearing I e arguments of Ms. Devara Samhitha, representing Sri penuballi Ramesh I abu, Advocate for the Petitioner, lrl.Ramachandra Reddy, Additional public prcs -'cutor on behalf of the Respondent No.1 and of Sri Mohammad Abdul Raut Advocate for the Respondent No. 2 The Court made the following: ORDER THE HON'BLE SMT. JUSTICE JUWADISRIDEVI CRIMINAL PETITION No.6136 of 2O24 ORDER: This Criminal Petition is filed under Section 482 of Cr.P.C., by the petitioher-accused No.1 seeking to quash the proceedings against him in C.C.No.679 o'f 2020 on the file of the learned lll Additional Junior Civil Judge-cum-Judicial t\/agistrate of First Class (PCR Special Mobile Court) at Karimnagar, registered for the offences under Sections 448 and 453 read with Section 34 of IPC

2. Heard Ms. Devara Samhitha, learned counsel representing Mr. P.Ramesh Babu, learned counsel for the petitioner, lVlr. Nlohammad Abdul Rauf, learned counsel for respondent No.2- de facto complainant and Mr. [Vl.Ramachandra Reddy, learned Additional Public Prosecutor appearing for respondent No.1-State. Perused the record.

3. The case of the prosecution is that the petitioner-accused No.'1 and accused No.2 are the son and daughter-in-law of the de facto complainant. There are disputes between them regarding distribution of properties. The petitioner-accused No.'l and accused No.2 subjected the de facto complainant and his wife/LW-2 namely S.Vijaya to mental harassment. On 10.11.2016, the petitioner-accused No. 1 and accused !-TII 2 No.2 executed an agreement on bond paper, urhere,i r, they have wi-itten that they do not have any legal rights over the hor- r e bearing No.10-2- 380/1 and plots. However, on 06.12.2019, the pett cner-accused No.1 instituted a civil suit in O.S.No.467 of 2019, in which t te Court concerned granted a status quo order on 14.12.2019. On th: same day i.e., on

14.12.2019, the de facto complainant and his wife ,r lnt to the house of their daughter. Upon their return on 20.12.2019, tl :y noticed that the petitioner-accused No.'1 and accused No.2 have c r minally trespassed into their house by breaking open the lock and shil :d all the domestic articles into the rear room, where the petitioner- rccused No.'l and accused No.2 were residing.

4. Learned counsel for the petitioner submits ti rt the petitioner is innocent and has been falsely implicated in the crr ;e by the de facto complainant, only to wreck vengeance in view of tlt I property disputes between them. The disputes between the parties are I urely civil in nature and a civil suit is pending. The petitioner is the s rn of the de facto complainant, as such, the question of criminal tres rass into his own property and committing any theft does not arise. The petitioner has fiied a civil suit against the de facto complainant and after eceiving notices in the said suit, the present complaint was foisted agatr{ t the petitioner and his wife, as a counterblast. The petitioner is taking c: e of his parents. lt is also contended that except bald allegations, no sp ( cific overt acts are 3 attributed to the petitioner. Thus, he prayed to quash the proceedings against the petitioner. I \

5. On the other hand, the learned counsel appearing for respondent No.2-de facto complainant as well as learned Additional public Prosecutor in one tone contended that all the allegations levelled in the complaint as well as in the charge sheet are subject matter of trial, and hence, this is not a fit case to quash the proceedings at this stage. Accordingly, they prayed to dismiss the petition.

6. As seen from the record, it is evident that there are triable issues and the truth or otherwise of the allegations levelled against the petitioner can only be decided after conducting full-fledged trial by the trial Court. Therefore, this Court is not inclined to quash the proceedings against the petitioner-accused No. 1 .

7. ln view of the above, this Criminal Petition is dismissed. However, sjnce the case is of the year 2020, the trial Court shall dispose of the same as expeditiously as possible, in accordance with law, without being influenced by any of the observations made by this Court in this order. The parties and their counsel shall co-operate with the expeditious disposal of the matter. \]--.\i--._-,.1 4 As a sequel, pending miscellaneous appliczrl ons, if any, shali stand closed It SI] - L. VIJAYA LAXMI ASSIS TANT REGISTRAR e //TRUE COPY// ;ECTION OFFICER To,

1. The lll Additional Junior Civil Judge-cum-J udicial Magistra e of First Class (PCR Spl Mobile Court), Karimnagar

2. The Station House Officer, Karimnagar ll Town Police St: on, Karimnagar 3. Two CCs to Public Prosecutor, High Court for the State cf lelangana at Hyderabad [OUT]

4. One CC to Sri Penuballi Ramesh Babu, Advocate [OPUC)] 5. One CC to Sri lvlohammad Abdul Rauf, Advocate [OPUrl 6. Two CD Copies ABK/PSL HIGH COURT DATED: 1810912025 ORDER CRLP.No.6136 of 2024 DISMISSING THE CRIMINAL PETITION q, $ ll: t/. {t:: \ r'r{E S ,,{ 3 ! 1: Jl'' ! |', :l 'I I t' ,./ ;!:;r'l.;.r.t+i),/:' - --:;-:=:-:--"