The High Court · 2025

Petition under Section 528 of BNSS 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 A-2 in FIR No.1 10/2025 before Police Station Mahabubnagar Rural, Mahabubnagar district against the petitioner/A-2 and to quash the proceedings thereon. l.A. NO: 1OF 2025 Petition under Section 528 of BNSS 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 against Accused No.2 in FIR 11012025 before P.S. Mahabubnagar Rural, Mahabubnagar district, against the petitioner herein, till the disposal of main quash petition, in the interest of justice. This Petition coming on for hearing, upon perusing the Memorandum of Grounds of Criminal Petition and upon hearing the arguments of Sri I Ramesh, Advocate for the Petitioner and Smt.Shalini Saxena, Assistant Public Prosecutor on behalf of the Respondent No.1 and none appeared for the Respondent No.2 The Court made the following: ORDER 1 THE HON'BLE SMT. JUSTICE TIRUMALA DEVI EADA CRIMINAL PE-TITION No.6431 OF 2o25 ORDER: This Criminal Petition is filed by the petitioner - accused No.2 seeking to quash the FIR No.110 of 2025 on the file of P.S. Mahabubnagar Rural, Mahabubnagar District, registered for the offences under Sections 167,464,42O ol the Indian Penai Code and Section S(tx0(g) of SC/ST POA Act.

2. Heard the submissions of Sri I.Ramesh, learned counsel for the petitioner and Smt. Shalini Saxena, learned Assistant Public Prosecutor for respondenl No. 1 - State.

3. The allegations are under Sections 167, 464,420 of the lndian Penal Code along with Section S(t)(0(g) of SC/ST POA Act, the notice was served on the respondent No.2 / de facto complainant through the learned Assistant Public Prosecutor at the address available but the notice is returned as 'person left this address'. Hence, it is deemed service.

4. The learned petitioner counsel has submitted that the date of alleged offence is 25.08.2018 and that the FIR is registered on

14.02.2025. The learned counsel contended Lhat the petitioner is no way concerned as to the registration as he was promoted and 2 transferred to another office as on the date of alieged offence. He submitted that the petitioner got promoted and was not at all present in the said office as on the date of alleged issuance of ROR proceedings, therefore, the pedtioner is an innocent person and he prayed to quash the proceedings against him. 5. The learned Assistant public prosecutor has submitted that this Court may pass appropriate orders and has submitted that the petitioner herein is the Joint Sub_Registrar as on the date working at Mahaboobnagar District.

6. perused the record.

7. The allegations of the complainant are that the complainant owned and possessed land admeasuring Ac.O2-OO gts., in survey No.92 situated at yenugonda Revenue Ward, Mahabubnagar Urban Mandal and District and that it is his ancestral property, having succeeded the same from grandfather, who died in I9g9. deceased his grandfather and thus, the complainant ls ln peaceful possession of the said land. It is his case that the then Tahsiidar, Mahabubnagar Urban Mandal vide proceedings No.B / 5529 / 2017, dated 29. L2.2O1Z rssued ROR proceedings in the names of Smt.Balamma and Smt.Hussainamma, who are no It is his case that, his father pre_ ! /i 3 way concerned with the aforesaid land, without issuing any notice to the complainant. Aggrieved by the said proceedings, he filed an appeal before the Revenue Divisional Oflicer, Mahabubnagar and the RDO has passed the orders setting aside the orders of Tahsildar and directed him to restore the name of original pattedar by amending the entries in ROR IT is his case that even though t1.e enquiry is pending before the Tahsildar' accused No.7 has approached accused Nos l and 2 and got the above said land registered in the name of his wife/accused N 6 and accused Nos.l and 2 knowing futly welt about the lack of title in favour of the said personsr have registered the documents, in collusion rvith accused Nos.6 and 7. The petitioner herein is accused No.2.

8. As per the proceedings dated 31'08 2018, the accused No.2/petitioner herein i.e. K.Anjanel'u1u, who was working as Senior Assistant in the off,rce of Sub-Registrar, Jedcherla has been promoted and posted as Joint Sub-Registrar-Il at R'O, Mahaboobnagar, Mahaboobnagar District and that he was supposed to join duty within 15 days from the date of receipt of the said order. The alteged registration has taken place on

25.08.2018. Thus, the document dated 31.08.2018 reveals that aocr4ed No.2 was not the Sub Registrar but he rvas the Senior 4 o n but the Regis trar Assistant in the Sub_Registrar Office at Jedcherla allegations of the complainant is that he was the Sub_ at Mahaboobnagar and he got the registration done. 9. Thus, it is held that the allegations made against the petitioner by the de facto complainant appear to be false, as accused No.2 was not under the said designation at the SRO OIfice at Mahaboobnagar. Another fact to be noted is that the regtstration has taken place in Tahsildar office, Mahaboobnagar, Urban Mandai while the petidoner was working as Senior Assistant in the office of Sub_Registrar at Jedcheria as on the date of his promotion i.e. 31.0g.2O1g. i0. Therefore, there is no strength in the ailegations leveled No.2 herein, hence, the same are against the petitioner/accused liable to be quashed. 1 1. In the result, the Criminal petition is allowed and the proceedings againSt the pedtioner/accused No.2 in FIR No. 110 of 2025 on the file of p.S. Mahabubnagar Rural, Mahabubnagar District, are hereby quashed. However, the investigation against the other accused may go on and this Court is not inclined to interfere with the investigation of the police into the alleged \ t: complaint and the poiice shall proceed with the investigation' strictly in accordance with law Miscellzrneous applications pending' if any' shall stand closed SD/. U.SUDHA ASSISTANT REGISTRAR 's L \ ION OFFICER //TRUE COPY// To, Mahabubnagar- Hyderabad (OUT)

1. The lV Additional Judicial Magistrate of First Class at Mahabubnagar i. i'i," Si"ti* House Officer, Mlhabubnagar Rural Police Station, 3. Two CCs to the Public Prosecutor' High Court for the State of Telangana at a oil" cC to dri I iamesh, Advocate [OPUC] 5. Two CD CoPies W ABK/PSL HIGH COURT DATED: 2810712025 ORDER CRLP.No.6431 ot 2025 ,t'/oc.?-\dt: ,,: 12 IIJE Ui t;t ( -a+ ALLOWING THE CRIMINAL PETITION g 2'