The High Court · 2025

Petition under Section 482 of Cr'P C praying that in the circumstances in the Memorandum of Grounds of Criminal Petition' the High Court may ased to stay all further proceedings in Crime No' 1007/2023 on the file of stated be ple PS-Narsingi, Cyberabad Commissionerate This P,:tr1ic r coming on for hearing, upon perusing the Memorandum of Grounds of C'inrirat petition and upon hearing the a -gun.rents of Sri R. Nagarjuna Rerrdv Advocate for the petitioner and ttre rrrssistant pubric Prosecutor (TC,n=; on behalf of the Respondent No.1 ancl nore appeared for the Respondent Nc..2 The Court made thrl following Order:- 7 HONOURABLE SRI JUSTICE E'V'VENUGOPAL CRIMINAL ETIT P ION No.9 603 of2 o2g ORDER: The Present criminal Petition is frled bY the petitioner/ accused under Section 482 of Cr'P'C'' seeking to quash the proceedings in Crime No'1007 ol2023 on the frle of the PS, Narsingi' Cyberabad Commissionerate against him.

2. Heard Sri R'Nagarjuna Reddy' learned counsel for the petitioner and Sri E'Ganesh' leamed Assistant Public Prosecutor for the respondent No'1/State' Though notice was ordered, none appeared for the respondent No'2' 3. Crime No'10 07 of 2023 on the frle of the PS' Narsingr was registered against the petitioner ald others for the offences under Sectio ns 447 ' 427 arrd' 468 IPC and Section 3 of PDPPA basing on the complaint lodged by the 2'd respondent herein alleging that the petitioner herein illegally trespassed into the unallotted plot No' 199 in Government land situated in Sy'Nos' 1OO and 109 of Kokapet Viliage' Gandipet Mandal and started constructing^ 1- -'/' _.-_ ,,, i 2 IN the complaint Io<lgecl by that the Governmen t a hour,.e .Lnd when the complainant, bein61 the Marrda_l GirdLrair-zr- Galdipet Maldal, noticed and trir_.d tr stop the same tho petitioner obstructed him in atterndj6g Iris official duties,. 'lhe recitals of complainzurt shows Sy.Nos. OC, 109, 114, 116, l1Z, 142,1g5,23\) ar.,d24O of Kokapel \,i lage w.as allotted to HMDA and possesr,iion was haldecl c\r_-f on 06.01.2000. The Government had allotted house si I e pratta certificates for the land losr,rs .e. 796 beneficiarics, rvho were cultivating the Governrrert lands in the zLbovt survey numbers, (A 2SO Sq.yards eacrfu, 1y[e construr:tr.d iouses long back. The remaining l:rnds, in the said surue 1. rr-rmbers were in peaceful physir:al lrosr;ession of the Go'er-rrment/HMDA. It is further arregeri th at the petitione:- n ..rev\r of rising of prices in the said vicinrty, by crealing Ior.gr.,i and fabricated house site patta in reslrect of piot No. i!)9 e rrr:roached into the valuable Governrren, land and starte ,d crt:struction activities. 4 The :c n._r:,,rtion of the petitioner is that hr: rvzrs fzrlselv rmplicated r -r I le present case to avoid con terrrpt CASE ;i::*.tr;*ki*.&..& *&x.r*;* $,*,r; 3 proceedings hled against the complainant vide Contempt Case No.206 8 of 2023 in WP No'3892 of 2023 for the high handed action of the de-facto complainant in demolishing the compound wall and main gate of the petitioner without following due process of law and issuing aly notice in-spite of orders of the Court dated 1O'02'2023 in the said writ petition. Further, the allegations in the impugned complaint were already decided in the said writ petition' The petitioner is the 1a,*{u1 owner of the subj ect property vide registered sale deed having Purchased the same bearing document No 1O999 from his vendor, who had of 2023, dated 05'09'2O23 purchased ths 5arns vide No.7865 of 2019, dated registered sale deed bearing ll.O7.2}lg from the original allottee of the land' Property tax for the said plot has been paid from the year 2019 till date. There are no ingredients in the complaint to constituteoffenceswithwhichthepetitionerwasalleged. Thede-fcatocomplainantwithoutobtainingrequired permission from his higher-ups' with the support of local political leaders ventured to demolish the main gate artd corrpo.'lnd wall in an aggressive manner' Thus stating' he 4 prayed to zrllow the present criminal petition que'shing the impurgnerl ,:omplaint and FIR. C-; r the other hand, learned ressistar'.t public 5. prosecr-rt{) - vehemently opposed the present criminal petitiorr rr trinly contending that prima-facie allegia.tions are levelir:d ;rsainst the petitioner alleging <:rimina. trespass and e nr:ro:.chment into the valid GovernrrLent land ald the same l ra\ € to be decided basing on thr: evide .rce to be . addu,:e 1 , n the tria-l ald without letting the pe t-itroner to such 1 e s;l , he cannot be decided as inn lcel Lt at the threshr:lcl Thus stating, he prayed to dismis s tl,e present criminal p trtition.

6. H al,rrrg regard to the submissions made on r:ither side and th{' rr.irterial placed, this Court is incline<l to direct the officierl rc s,pondent-Police to conduct ar-rd conr:lude the investrgat on as expeditiously S possibl€, s,trictly 1n accordlinc e with the guidelines stipulated b',' tt e Hon'ble Suprr:n'rc tlourt in Arnesh Kumar vs. State ,of Biharl unde : Se,: tion 41A Cr.P.C., any deviation 1r1 tlLis regard I (2014) ir SC C 273 5 shall be viewed seriouslY' The petitioner / accused 1S co-operate with the investigation by furnishing information and material' if any possessed' directed to necessary above directron' the criminal Petition 1S 1 With the disPosed of' Miscellaneous petittons, if any, Pending in this criminal Petition' shall stand closed sd/-P PI?H0$BREt,EFRRX \ /TTRUE COPY'/ ECTION OFFICER To,

1. The Xlll Additional Metropolitan Magistrate' Cyberabad at Raiendranagar' 2. The Station House Officer' Narsingi P S ' 3. Two CCs to the Public Prosecutor' High Court for the State of Telangana' 4. One CC to Sri R. Nagariuna Reddy' Advocate [OPUCI 5. Two CD CoPies Cyberabad HYderabad' VC,iPSL ?n- HIGH COUFIT I DATED:18,t1t',212025 ORDER CRLP.No.9603 of 2023 -a O3 I4.< ,/; ..\ ] ,> .\ 'I g ,,2, ( 2l lut p5 i:, 'r',,:.O \/ .=-E- *::: DISPOSING OF THE CRLP 1t \u r -1- - ' r l,.'lr\ d- I'