The High Court · 2025

1. The State of Telangana,, Rep. by Public Prosecutor, High Court for the State of Telangana, Hyderabad, Through PS, Manakondur. ...RespondenUCom plai nant 2. Gade Karunakar Rao, S/o. Rajeshwar Rao Aged 38 years, Caste. Ellapi, R/o.Manakondur, Now at Karimnagar. ...RespondenUComplainant 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 in C.C.No.1951 of 2022, on the file of the Special Judicial Magistrate of First'Class (Excise), at Karimnagar, in the interest of justice. l.A.NO: 1 OF 2024 Fetition 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.1951 of 2022, on the file of the Court of Special Judicial Magistrate of First Class (Excise), at Karimnagar, including personal appearance of petitioner before the trial Court, pending disposal of Criminal Petition. This Petition coming on for hearing, upon perusing the Memorandum of Grounds of Criminal Petition and upon hearing th". arguments of Mr T. RAMCHANDRA RAO, Advocate for the Petitioners and Mr M. RAMAHCNADRA REDDY,, the Additional Public Prosecutor on behalf of the Respondent No'1 and none appeared for the Respondent No.2 The Court made the following: ORDER '.J IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD THE HON'BLE SMT. JUSTICE JUWADI SRIDEVI CRIMINAL PETITION No.8776 OF 2024 loTH DECEMBER,2025 Between: Adapa Kistaiah and 1 other. ... Petitioners AND The State of Telangana Rep. by Public Prosecutor and 1 other .. . Respondents ORDER: This Criminal Petition is filed by the petitioners/accused Nos.1 and 2 seeking to quash the proceedings against them in C.C.No.1951 of 2024 on the file of Special Judicial Magistrate of First Class (Excise), at Karimnagar registered for the offences under sections 341,504,506 read with 34 of lndian Penal Code (for short'lPC').

2. The brief facts of the case are that on 02.Q8.2O22 at 11.15 hrs, while the complainant was cleaning his land for constructing a new house in his site, after obtaining permission from Grampanchayat, Manakondur, accused persons picked up quarrel with him and obstructed the work. Hence, he lodged a complaint before Manakondur Police Station, which was 2 /-) registered as crime No.168 of 2022 for the offences punishable under sections 341,504,506 read with 34 of lPC.

3. Heard Mr.T.Ramachander Rao, learned counsel for the petitioners and Mr.M.Ramachandra Reddy, learned Additional Public Prosecutor for respondent-State. Perused the record.

4. Learned counsel for the petitioners submits that the allegations levelled against the petitioners/accused Nos.1 and 2 by the 2nd respondent are false and baseless and that the petitioners never interfered with the tand of the 2nd respondent. lt is submitted that when the petitioners questioned their share over the said land, the 2nd respondent by side tracking the issue, filed a complaint before police, Manakondur. lt is further submitted that the petitioner No.1 filed a suit in O.S.No .218 of 2022 on the file of the Court of ll Additiona! Principal Junior Civil Judge, at Karimnagar against the 2nd respondent herein namely Gade Karunakar and two others, seeking declaration of title and perpetuat injunction and to declare the registered documents as null and void and not binding on the petitioner No.1 herein, and the said suit was filed on

21.03.2022, whereas the present complaint filed by the 2nd respondent on

27.08.2022, pending civil suit i.e. O.S.No.218 of 2022, the 2nd respondent herein, who is defendant No.3 in said suit without narrating the facts to the police had filed the present complaint which is not correct, therefore, the petitioners are entitled for quash of the C.C.No.1951 of 2022. He further submits {hat znd respondent by manipulating the documents obtained \ j I i 1 3 permission from Grampanchayat, Manakondur, on the basis of false documents. Therefore, petitioner No.1 filed a suit against the 2nd respondent on the file of the Court of ll Additional Principal Junior Civil Judge, at Karimnagar.

5. He further submits that no independent witnesses were examined in this matter. As per the prosecution case, one car driver and the reporter who belong to other adjacent village were examined and prosecution has not properly investigated the case and prima facie, there is no allegation made out against the petitioners and the ingredients of the offences are not attracted Hence, prays to allow the criminal petition.

6. Learned'Additional Public Prosecutor for the State submitted that there are specific allegations against the petitioners and the truth or othenrvise would cdme out only after conducting trial by the concerned Court and prayed to dismiss this Criminal Petition.

7. On perusal of the record, it reveals that a civil suit has been instituted by the petitioner/accused No.1 on 21.03.2022 vide O.S.No.218 of 2022 against the defacto complainant, whereas the present complaint was filed by the 2nd respondent, subsequently on.27.08.2022 vide C.C.No.1951 of 2022 against the petitioners, pending civil suit. ln view of the said circumstances, it appears that the matter is primarily out of civil dispute and has no criminal element and the entire criminal proceedings initiated against I I I \ 4 {} the petitioners is nothing but an abuse of the process of law, which is given a criminal cotour to a civil dispute to settle the scores between the parties. Hence, the offences under sections 341, 504, 506 read with 34 of IPC are not made out and the allegations against the petitioners are not maintainable.

8. In view of the facts and circumstances of the case, this Court is of the considered opinion that the continuation of the proceedings against the petitioners-accused Nos.1 and 2 amounts to abuse of process of law and are liable to be quashed. g. Accordingly, this Criminal Petition is allowed and the proceedings against the petitioners/accused Nos.1 and 2 in C.C.No.1951 of 2022 on the file of Special Judicial Magistrate of First Class (Excise) at Karimnagar, are hereby quashed. \ To Miscellaneous petitions pending, if any, shall stand closed //TRUE COPY// Sd/. M. NAGAMANI ASSISTANT REGISTRAR G SECTION OFFICER I

1. The Special Judicial Magistrate of Firsl Class (E_xcis.e), at Karimnagar 2. The Stbtion House Officer, Manakondur Police Station, Karimnagar Dist. 3. Two CCs to the Public Prosecutor, High Court for the State of Telangana, at Hyderabad. [OUT]

4. Ohe CC to Mr. T. Ramchandra Rao, Advocate [OPUC] PR 6kj, i ! I I I I I HIGH COURT JS J, DATED i 1011212025 I i { I I I i 4 ORDER CRLP.N o.8776 of 2024 Accordingly, this Criminal Petition is Allowed. J1CY- Tftf:rc i I I I I I I