✦ High Court of India · 24 Mar 2025

Criminal Petition No. 6142 of 2019 · The High Court · 2025

Case Details High Court of India · 24 Mar 2025
Court
High Court of India
Case No.
Criminal Petition No. 6142 of 2019
Decided
24 Mar 2025
Bench
Not available
Length
2,294 words

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 petitioners i Accused 1 and'2 herein in c.c.No.1 35 1 of 2o1r on the file of Honorable XXr Metropolitan Magistrate, Cyberabad at Medchat. ...Respondents l.A. NO: 'l OF 2019 Petitiori 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 c.c.No .13s1 of 2017 on the file oi Honorable XXI Metropolitan l/agistrate, cyberabad at Medchal including appearance of the Petitioners / Accused 1 and 2. CRIM INAL PETITIO N NO: 6'144 OF 2019 Between:

1. Gunia Srinivas S/o.Late Kondaiah, Aged 53 Yrs, Occupation: Business and Ryo.28-88, Saibaba Nagar, IDA Jeedlmetla, Quthbullapur Mandal Medchal- lvlalkajgiri District, TS.

2. B.Srikanth ReCdy, S/o. Sri Pratap Reddy, Aged 27 Yrs, Occ:Employee, and R/o.1-10-'1 1g remple Alwal, Alwal Mandal, Medchal - Malkajgiri 'fistrict, TS. ...Petitioner ANP 1 The State of Telangana, Reptd by Public Prosecutor, Governmert of Telangana. Hyderabad, TS. 2 The Station House Officer, P.S.Alwal Cyberabad, Medchal-Malkrrjgiri District, TS.

3. Smt Sirige Padma, W/o. Mohan, 57 Yrs, Occ:House Wife and Fyo.Flat No.121 Srinivasa Apart.nent, Retreat Colony Alwal, Secunderabad- 10, TS. ...Respondents Petition under Section 482 of Cr.P.C praying that in the r:,ircumstances stated in the lvlemorandum of Grounds of Criminal Petition, the High CoUrt may be pleased to quash the Proceedings against the Petitioners or Accused 1 and 2 herin in C.C.No.1 346 of 2017 on the file of XXI Metropolita't lvlagistrate, Cyberabad at Medchal. t.A. NO: 1 OF 2019 Petition unde. Sectron 482 of Cr.P.C praying that in the r:,ircumstances stated in the Memorandum of Grounds of Criminal Petition, the High Court may be pleased to stay all further Proceedings in C.C.No.1346 of 2017 on the file of XXI Metropolitan lvlagistrate, Cyberabad at MedchAl including appearance of the Petitioners / Accused 1 and 2. cRl MINAL PETITION NO: 6147 OF 2019 Between:

1. Gunja Srinivas, S/o-Late Kondaiah Aged 53 Yrs, Occupation: Business and R/o.28-88, Saibaba Nagar, IDA Jeedimetla, Quthbullapur Mandal Medchal- Malkajgiri District, TS.

2. B.Srikanth Reddy, S/o.Sri Pratap Reddy, Aged 27 Yrs,Occ: E:mployee and R/o.1-10-1 10 Temple Alwal, Alwal Mandal, Medchal-Malkajgiri District, TS. AND 1 The State of Telangana, Reptd by Public Prosecutor, Government of Telangana, Hyderabad, TS. ...Petitioners

2. The Station House Officer, P.S.Alwal Cyberabad, Medchal-Malkajgiri District, TS.

3. Sri Chaitanya Ari, S/o.Purna Chancier Rao, Aged 34 yrs, Occ: Employee and R/o.1-8-678/15 Engineers Residency, Padmatolony, Mdya Nagai, ' Hyderabad, TS. 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 petitioners i Accused 1 aid 2 herein in C.C.No.1347 of 2O17 on the file of XXI Metropotitan Magistrate, Cyberabad at Medchal. ...Respondents l.A. NO: 1 OF 2019 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 C.C.No.1347 of 2O1l on the file of XXI Metropolitan lvlagistrate, Cyberabad at Medchal induding appearance of the Petitioners / Accused 1 and 2. CRIMINAL PETITION NO: 6156 0F 2019 Between: 1 Gunja Srinivas S/o.Late Kondaiah, Aqed 53 Yrs, Occupation: Business and Rl/o 28-88, Saibaba Nagar, IDA Jeed-imetla, Quthbullaiur Mandal Medchal- Malkajgiri District, TS. B.Srikanth Reddy, S/o.Sri Pratap Reddy, Aged 2t Yrs, Occ: Emptoyee and R/o.1-10-110, Temple Alwal, Alwal Mand-al, lrledchal, Malkajgiri Districi, TS. 2 ...Petitioners AND

1. The Strate of Telangana Reptd by Public Prosecutor, Government of Telangana, Hyderabad, TS.

2. The Station House Officer, P.S.Alwal, Cyberabad, tMedchal-Malkajgiri Diskict, TS.

3. M.Sandhya Rani, Wo Late Satheesh, Aged 51 Yrs, Occ:Employee and Fl/o.Plot No.68, Road No.34, Jubilee Hills, Hyderabad, TS. 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 Petitioners / Accused 1 and 2 herein in C.C.No.1 348 of 2017 on the file of XXI Metropolitan Magistrate, Cyberabad at Medchal. ...Respondents l.A. NO: 1 OF 2019 Petition under Section 482 of Cr.P.C praying that in the circumstdnces stated in the Memorandum of Grounds of criminal Petition, the High oourt may be pleased to stay all further Proceedings in c.c.No.1348 of 2017 on the file of XXI ir/etropolitan Magistrate, Cyberabad at Medchal including appearance of the Petitioners / Accused 1 and 2. CRIMINAL PETITION NO: 6158 OF 2019 Between: i. Gunia Srinivas, S/o.Late Kondaiah, Aged 53 Yrs, Occupation- tJusiness and R/o.28-88, Saibaba Nagar, IDA Jeedimetla, Quthbullapur Manlal lvledchal- Malkajgiri District, TS.

2. B. Srikanth Reddy, S/o.Sri Pratap Reddy, Aged 27 Yrs, Occ: Emplgyee-and Rt/o.1-10-1 10 Teniple Alwal, Alwai Mandal, Medchal - Malkajgiri t)istrict' TS. ..Petitioners AND

1. The State of Telangana, Reptd by Public Prosecutor, Governmerrt of Telangana, High Court, Hyderabad, TS.

2. The Station House Officer, P.S.Alwal Cyberabad, Medchal-lvlalkajgiri' District,TS.

3. Sri V.Vara Prasad, S/o.Narsing Rao, Aged 46 Yrs, Occupation- Business and Rl/o.Alwal, Alwal lvlandal, Medahal Malkajgiri District, TS, Hyderabad, TS. I\ilobile No.9393333999 ...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 (lourt may be pleased to Quash the Proceedings against the Petitioners / Accused 1 and 2 herein in C.C.No.1345 ot 2O17 on the file of XXI Metropolitar Magistrate, Cyberabad at Medchal. l.A. NO: 1 OF 2019 Petition under Section 482 of Cr.P.C praying that in the c rcumstances stated in the Memorandum of Grounds of Criminal Petition, the High {)ourt may be pleased to stay all further Proceedings in C-C.No.1345 of 2017 <tn the file of XXI Metropolitan Magistrate, Cyberabad at Medchal including appearance of the Petitioners / Accused 1 and 2. cRIMINAL PETITION NO: 6159 OF 2019 Between: 1- Gunja Srinivas, S/o.Late Kondaiah Aged 53 Yrs, Occupation: lJusiness and Rl/o.28-88, Saibaba Nagar, IDA Jeedimetla, Quthbullapur Mandal Medchal- Malkajgiri Distric;t, TS. 2 B.Srikanth Reddy, S/o.Sri pratap Reddy, Aged 27 yrs, Occ: Employee and R/o.1-10-1 10 Terirpte Atwat, Atwjt Mand6i, rra-eainjr rvfa]lalgiri oistfici,'i5.- - ...Petitioners AND

1. 2 3 The State of Telangana Reptd by public prosecutor, Government of r erangana, Hyderabad, TS. The station House officer, p.s.AIwar cyberabad, Medchar-Markajgiri District, TS. P.Naveen Kumar Varma,, S/o.Bharathj, Aged 39 yrs, Occ:Employee anj Rl/o.Buddhas Ctassic Veriex Homes, xui<aipattv, ivi"iJio, is.' - - Petition under section 482 of cr.p.c praying that in the circumstances stated in the Memorandum of Grounds of criminal-peiition, the High court may be pleased to Quash the Proceedings against the petitioners, Accuse-d 1 and 2 herein in c.c. No.1349 of 2017 on the fire of XXI Metroporitan Magistrate, cyberabad at Medchal. ...Respondents l.A. NO: 1 OF 2019 Petition under Section 482 of cr.p.c praying that in the circumstances stated in the Memorandum of Grounds of criminal'peiition, the High court may be pleased to stay all further proceedings in c.c.No.1349 of 2017 oi the file of XXI [ragistrate, cyberabad at Medchar including appearance of the lletropolitan - Petitioners / Accused 1 and 2. -i CRIMINAL PETI TION NO: 6160 0F 2019 Between:

1. Gunja_ Sriniv-as S/o.Late Kondaiah, Aged 53 yrs, Occupation: Business, and R/o.28-88, Saibaba Nagar, rDA Jeed*'imefla, euitrouitai:ur vanoir Mericn-ar- Malkaigiri District, TS. - fed.dy, Aged 27 yrs, Occ:Emptoyee, and Rt/o.1-10-1 10 renipre Arwat, AtGt:Ma;a;i,' MEocnai Naarria;giri oist?i6( rd.- - ...Petitioners

2. B. Srikanth Reddy, S/o. Sri pratap- AND 1 2 J The State of Telagnana, Reptd by public prosecutor, Government of Telangana, Hyderabad, TS. The Station House Officer, P.S.Alwal Cyberabad, Medchal-Malkajgiri District, TS. Smt L.Veenadevi, Wo.Late prabhakar Rao, Aged 63 yrs, Occ:House Wife 3ld Ri9 villa No.1 0 Gangasthan, Dutpally village, Gandimaisamma Dundigal Mandal, Medchal-Malkajgiri District, TS. ...Respondents -7 Petition under Section 482 of cr.P.c praying that in the r:ircumstances stated in the Memorandum of Grounds of criminal Petition, the High court may be pleased to quash the Proceedings against the Petitioners/Accused 1 and 2"herein in C.C.No.1 568 ol 2O1t on the file of XXI Metropolitan Magistrate, Cyberabad at Medchal. t.A. NO: 1 OF 2019 Petition under Section 482 of Cr.P.C pray.ing that in the r.;ircumstances stated in the Memorandum of Grounds of Criminal Petition, the High Court m-ay be pleased to stay all further Proceedings in C.C-No.1568 of 2017 on lhe file of XXI Metropolitan Magistrate, Cyberabad at lvledchal including appearance of the Petitioners or Accused 1 and 2 herein. CRIMINAL PETITION NO: 6181 OF 2019 Between:

1. Gunia Srinivas S/o.Late Kondaiah, Aged 53 Yrs, Occupation: Business and R/o.28-88, Saibaba Nagar, IDA Jeedlmetla, Quthbullapur lr/artdal Medchal- Malkajgiri District, TS.

2. B.Srikanth Reddy, S/o.Sri Pratap Reddy, Aged 27 Yrs, Occ: l:mployee and Rt/o.1 1-10-1 10 Temple Alwal, Alwal Mandal, Medchal-Malkajgiri District, TS. ...Petitioners AND 1 2 The State of Telangana, Reptd by Public Prosecutor, Government of Telangana, Hvderabad, TS. The Station House Officer, P.S.Alwal Cyberabad, Medchal-Malkajgiri Diskict,TS.

3. Sri Chaitanya Ari, S/o.Purna Chander Rao, Aged 34 Yrs, Occ:Ernployee and R/o.1-8-678/1 5 Engineers Residency, Padma Colony, Vidya Narlar, Hyderabad, TS. ..,Respondents Petition under Section 482 of Cr.P.C praying that in the oircumstances stated in the Merirorandum of Grounds of Criminal Petition, the High Court may be pleased to Quash the Proceedings against the Petitioners / Accused 1 and 2 herein in C.C.No,1350 of 2017 on the file of XXI Metropolitan Magistrate, Cyberabad at Medchal. l.A. NO: 1 OF 2019 Petition under Section 482 of Cr.P.C praying that in the t;ircumstances stated in the Memorandum of Grounds of Criminal Petition, the High Court may be pleased to Stay all further Proceedings in C.C.No.1350 oI 2017 on the file of XXI Metropolitan Magistrate at Medchal including appearance of th,-. Petitioners / Accused Nos.1 and 2 herein. These Petitions coming on for hearing, upon perusing the Memorandum of Grounds of criminal petitions and upon hearing the arguments of sri G. Kiran Kumar Reddy, Advocate for the petitioners in a cRlps and sri M Vivekananda Reddy, Assistant Public Prosecutor on beharf of the Respondent No.1 in a cRLPs and of M/s. Pearl Law Associates, Advocate for the Respondent No.3 in all CRLPs. The Court made the fotlowing: COMMON ORDER " . THE HONOURABLE SRI JUSTICE K.SURENDER' cRIMII[AL PETITION Nos. 6L42,6 L44,6L47. 6156, 6159 6L6o & 6181 0F 2019 coMMON ORDER: These Crimina-l Petitions are filed by the petil.ioners seeking to quash the proceedings in C C'Nos'1351, 1346, 1347, 1.348, 1.34!;, 1349, 1568, & 1350 of 2017, respe'::tively, on the file of XXI Metropolitan Magistrate CyberaL'ad, at Medchal. The offences a-lleged against the petitionc'rs are under Sections '{'47 &' 427 tlw- 34 of IPC'

2. Since the Jretitioners are one and the same in aLl the petitions artd ale seeking quashment of similar procet:dings, all the petitions zLre heard together and disposed of, by way of this common order'

3. Heard learned counsel for the petitionerr; and Sri M.Vrvekan anda Reddy, Iearned Assistant Public Prosecutor for t}-re respondent - State. Perused the rec'lrd

4. Learned c()unsel appearing for the petitioners in all the cases wouid sulrrnit that the petitioners are the orvnerr; of the plots in which dre allegation of trespass is made. The Civil 2 Court had passed orders in favour of the petitioners. As such, the question of the petitioners trespassing on their own plots does not arise. Accordingly, the .proceedings have to be quashed.

5. When this Court questioned the learned counsel for the petitioners about the specihc piot numbers mentioned in the charge sheet, the learned counsel submitted that general orders were sought from the civil Court and that there were several transactions wherein the petitioners a,,d others had purchased plots. Further, the complaints were frled selectively against these two petitioners. There is no final judgment by the Civil Court with regard to the ownership of these petitioners concerning the said plots. Further, the plot numbers mentioned in the charge sheet do not appear in any of the plaints or orders filed by the learned counsel. 6 These are all questions of fact to be decided by the trial Court. The trial Court shall consider the claim of the petitioners that they are the owrlers arld that civil disputes are pending between the parties in respect of the said plots. 3

7. Accordingil', the Criminal Petitions are dislnissed. Miscellaneous a.pplications pending, if any, shall stand closed. To, SD/- P PADMANABHA REDDY ASSISTANT REGISTRAR //TRUE COPY// --=-"-.'-=.-_ SECTION OFFICER

1. The XXI Ii/etropolitan Magistrate, Cyberabad at Medchal. 2. The Station House Officer, Alwal Police Station, Cyberabad 3. Two CCs to the Public Prosecutor, High Court for the State of Telangana at Hyderabad (OtJT)

4. One CC to Sr G Kiran Kumar Reddy, Advocate [OPUC] 5. One CC to [vl/s. Pearl Law Associates, Advocate [OPUC] 6. Two CD Copies ADK,/DL HIGH COURT DATED:2410312025 COMMON ORDER CRIMINAL PETITION Nos.6142, 6144, 0147,6156, 6158,6159,6160 & 6181 0F 2019 i cs+- i/ ( k c c \ ,\'t ". t/ )/ 09 API ?U5 lt1: ,,, DISMISSING ALL THE GRLPs q ^

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