The High Court · 2025

2. Sri Saini Mahesh, S/o Sri Narayana Age 29 years, Occ. Private Job, R/o H.No.1-4l 1, Mallaram (V), Manthani (M), Peddapali District. ...Petitioners/Accused No.1 to 2 AND 1 The State of Telangana, Rep. by its Public Prosecutor, High Court at Hyderabad. Sri Sarni Venkanna, S/o.Sri Gattumalu, Age . 56 years, Occ. Agriculture, R/o., Mallaram (V), Manthani (M), Peddapali District. ...Respondents 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 pertain to the CC No. 459 of 2021 on the file of the Hon'ble Judicial First Class Magistrate at Manthani and quash the same as abuse of process of law. l.A. NO: 2 OF 2021 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 all further proceedings in CC.No.459 of 2021 on the file of the Hon'ble Judicial First Class Magistrate at Manthani including the personal appearance of the petitioners, pending disposal of the above criminal petition. This Petition coming on for hearing, upon perusing :l Grounds of Criminal Petition and upon hearing :l Sri G L Narasimha Rao, Advocate for the petitioners and t Prosecutor on behalf of the Respondent No.1 and non: Respondent No.2. e Memorandum of e arguments of re Assistant Public appeared for the The Court made the following: ORDER THE HONOURABLE SRI JUSTICI E.V.VENUCIOPAL c AL ON No.7 l4L of 20.21 ORDER: This Criminal petition is filed to quash the proceedings 1n C.C.No.459 of 2021, against the petitioners, who have been arrayed as accused Nos' 1 & 2 0n the frle of the learned principal Judicial Magistrate of First Class at Manthani arising out of FIR No.224 of 2O2O on the file of pS Manthani, for the offence punishable under Sections 442, 422 read with Section 34 of IpC. 2. The brief facts of the case are that on 2a.Og.2O2O at 13:00 hours, the de facto complainant one Mr.Saini Venkanna lodged a Telugu written compraint stating that he is the resident of Arenda / Mallaram Village a,d he is an agriculturist. He owns an agricultural land admeasuring Ac.6_l / 2 guntas in the outskirts of Mallaram Village. About 10 days back, he raised paddy crop in his agricultural filed ' There were disputes between him and his erder brother Narayana with regard to aforesaid agricultural land. when he went to his agricurtura-, {iled on 23-0g.2020 at about og:oo hours, found that his crop was trampled. His elder brother Narayana and his son Mahesh criminally trespassed into his agricurtural fields and trampred the paddy crog He desired to sort out the issue in the presence of elders, but his brother failed to turn up towards the elders. l i l I I I I I I 2 ( Accordingly, a complaint was lodged against the pe -itioners (accused Nos.l and 2 herein) for taking action against the tvo persons as per law.

3. On receipt of the above complaint, the police rr gistered a case in Crime No.224 of 2O2O under Section 447, 427 read vith Section 34 of IpC and conducted the investigation. Durir 1 the course of investigation, LW'8 examined the complainant i nd recorded his detailed statement, observed the scene of offen,r ' and thoroughly secured the presence of LWs. 6 and 7 ald cond: :ted the scene of offence panchanama. ThereaJter, LW.S secured tht lresence of LWs.2 to 5, examined them and recorded their de t riled statements. Subsequently, LW.g took up further investigation r I this case as per transfer orders to Manthani PS, verihed the inve stigation done by LW.8. Thereafter, LW.9 rushed to the scene of offi nce, observed the scene alrd re-examined LWs.1 to 5, but coulcr not record their statements, since they reiterated the same facts asr recorded by LW.8. Accordingly 41-A notices have been served md upon being investigated, a charge sheet has been laid to punis r the petitioners - A1 and A2 under Sections 447, 427 read with Sectic e 34 of IPC. 4 Heard the learned counsel for the petitione r; and the learned Assistant Public Prosecutor' 3

5. When the matter is taken up for consideration, learned counsel for the petitioners submits that the petitioners have instituted a civil suit in O.S.No.81 of 2O2l against the de./acto complainant, which is presently pending before the Court of the learned Junior Civil Judge, Manthani, and is at the stage of framing issues.

6. It is contended that despite the pendency of the said civil suit, the de facto complainant has filed the criminal complaint, deliberately suppressing the material fact of the ongoing civil litigation. Such suppression itself reflects the conduct of the de /acto complainant, demonstrating the mala fide intent. 7 . Learned counsel further submits that the petitioners have been arrayed as accused in the present criminal proceedings solely to exert undue pressure and to coerce them into settling a civil dispute under the guise of criminal prosecution. The crimina-l proceedings are thus being misused as a tool to harass the petitioners and compel them to succumb to the demands of the de facto complainant' It is under these circumstances learned counsel for the petitioners earnestly submits that disputes are purely civil in nature, and the continuation of criminal proceedings would amount to an abuse of process of law' Hence, the petitioners seek quashing of the proceedings in C'C'No'459 of 2O2l pending on the Iile of the learned Judicial First Class / I Magistrate, Manthani, in the interest of justice. sheet has been laid after recording 161 Cr.P.C. stater I :nts of LWs' 1 to 9 and trial is yet to be commenced and hence at this ; age interference of this Court is not wa-rranted' Therefore' seeks to dismiss this Criminal Petition g . This Court has been informed that the Pr: ;iding Officer ts the concerned Court, uir ch has led to the currentlY not functiontng rn In light of this, the Cr urt has decided' delay in the Proceedings' without addressing the merits or demerits of the cas: at this stage' to dispense with the petitioner's presence The petitic -rer is required to appear before the trial court only when specifrcalll :alled for' Failing which, the interim relief granted stands vacaterl and allowed the petitioner the libertY to file a discharge petition beli re the Court' The consider the discharge retition strictly in trial court is directed to accordancewithlawarrdissueappropriateorders].ereafter. 10. With the above directions' the Criminal Petitir n is disposed of' As a sequel, miscellaneous applications penc ing in this petition' if any, shall stand closed' SD'- A} MED ABDULLA KHAN I.: SISTANT REGISTRAR /ffRUE COPY// SECTION OFFICER To, 1 . The Principal Judicial Magistrate of First Class' Mat r1 rant ,. +nI'#i#-n","" otri""i' rur'"in""i Police station 'eddapalli 3. Two CCs to Public P'"#'t*"Hi;n Coutt for the St 'te Advocate [oellt '1 a orie CC to Sri G L Narasimha Rao' 5. Two CD CoPies Hvderabad [OUT] of Telangana at ,I HIGH COURT DATED: 0110812025 ORDER CRLP.No.7141 ot 2021 .. -aa A U : Sjr4 t * 1/ "lN 2t]26 "= C)I * Sr', TCti DISPOSING OF THE CRIMINAL PETITION Jb