The High Court · 2025

Asifabad District, R6p. by PubliCProsecutor, High Court, Hyderabad.

2. Ram Singh P, S/o Not Known to the petitioner, Police Officer, Chinthalamanepalli Police Station, Komaram Bheem Asrfabad Dtstrict ...RespondenUComPlainant Petition under Section 482 of Ct.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 relating to crime No. 94 of 2021 on the file of Chinthalamanepalli Police Station, Komaram Bheem Asifabad District. l.A. NO: 2 OF 2021 Petition under Section 482 of Ct.P .C 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 including arrest of the petitioners herein in connection with crime No. 94 of 2021 on the file of chinthalamanepalli Police Station, Komaram Bheem Asifabad District, pending disposal of the Criminal Petition and to pass l.A. NO: 1OF 2024 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 vacate the stay granted in Crl.P.No. 987912021 on the file of Honble High Court, dated 2311212021 . This Petition coming on for hearlng, upon perusing the Memorandum of Grounds of Criminal Petition and upon hearing the arguments of Sri Gajanand Chakravarthi, Advocate for the Petitioner and Sri E.Ganesh, Asst. Public Prosecutor on behalf of the Respondent No.'1 and none appeared for the Respondent No.2. The Court made the following: ORDER "!1 ') i THE HONOURABLE SRI JUSTICE E.V. VENUGOPAL CRIMINAL PETITION No.9879 OF 2O2l ORDER: This Criminal Petition is filed by the petitioners/ accused Nos. 1 and 2 seeking to quash the proceedings against them in Crime No.94 of 2O2l on the file of the Station House Officer, Chinthalamanepalli Police Station, Komaram Bheem; Asifabad ,District for the offences alleged under Sections 447 , 420 r /w 34 ol Indian Penal Code (for short, "IPC"). and Section 3 of the Prevention of Damage to Public Property Act (for short, 1PDPP Act").

2. Heard Mr.Gajanand Chakravathi, learned counsel for the petitioners and Mr.tr.Ganesh, learned Assistant Public Prosecutor appearing for respondent No. 1-State.

3. The brief facts of the case are that on 12.ll.2O2l, respondent No.2 filed a complaint before the concerned Police Station, stating that the petitioners trespassed into the land meant for construction of Police Station building and ploughed it with the help of the Tractor driver namely Yelmule Shekar and damaged the property. It is further stated that the subject land was allotted by the Revenue Department. Basing on the said 2 facts, the present case is registered against the petitioners for the offences punishable under Sections 447, 42O r/w 34 I.P.C. and Section 3 PDPP Act

4. Learned counsel for the petitioners contended that the petitioners ar-e absolute o\\rners and possessors of agricultural land admeasuring Acs. 8.18 gts in survey No.59/9/A, situated at Chinthalamanepalli Village and Mandal, Kumrambheem Asifabad District and acquired the said land by way of preclecessor in title; that they were in peaceful possession and enjoymenl of the sanrre without any interruption

5. Learned counsel for the petitioners further stzited that the mother of petitioners and arrother filed W.P.No.44O of 2021 before this Court seeking to issue Writ of Maldamus ancl to declare the action of respondents therein in acquiring the land admeasuring Acs 8.18 gts in survey No.59/9/A, situated at Chinthalamanepalli Village and Mandal, Kumrambheem, Asifabad District; that this Court vide order dilted 06.0l .2021 directed the respondents therein not to dispossess the petitioners from the subject land til1 the procedure laid dovvn under the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 is I J completed; later, as against the disobedience of the said order, C.C.No.195 of 2O2l was preferred which was subsequently allowed, vide order dated 17.09.2027 and the operative portion of the said order is extracted as under:- "24. In view of the above discussion, this Contempt Case is allowed, and (i) The respondent Nos. I to 5 are sentenced to suffer two (2) months imprisonment and to pay hne of Rs.2,0OO/- each within four (4) weeks from that day. (ii) The sentence of imprisonment imposed on respondents is suspended for a period of four (4) weeks from today". Therefore, he contends that the subject land belongs to the petitioners only and as such, the question of petitioners themselves, trespassing into their own land doesn't arise. Hence, he seeks to allow this Criminal Petition.

6. Opposing the same, learned Assistant Public Prosecutor contended that the Sub-Inspector of Police, Chinthalamarepalli Village and Mandal, Kumrambheem Asifabad District filed vacate stay application and submitted that petitioners/accused Nos.1 and 2 are own brothers and that the land admeasuring Ac 1.32 gts, in survey No.59/1, Chinthalamanepalli Village and Mandal, -IGmrambheemY,slfabad District was allotted for construction of new building of Police Station, Chinthalamanepalli by the .l l l i ! I I i 4 Government; but the petitioners criminally trespassed into the land which was meant of construction of Police Station and hence, seeks to dismiss this Criminal Petition 7 . Having regard to the submissions of both the learned counsel and on considering the material available on. record, it can be seen that this Court, vide order dated 17 .09 .2021 in C.C.No. 195 of 2O2l allowed the contempt case art d sentenced the respondents therein to suffer simple imprisonment for a period of two (2) years. Moreover, a carefi-tl scrutiny of the survey number of the petitioners' land and that of the land statr:d to be allotted for construction of Police Station are different from each other. In the said circumstances and relying on the decision passed by the Hon'ble Supreme Court in State of Haryana and Others Vs' Bhajan Lal and Othersr, initiating criminal pro':eedings against the petitioners is abuse of process of iaw. Hence, Crime No 94 of 2O2l on the file of the Station House officer, chinthalamanepalli police Station, Komaram Bheem, Asifabad District registered against the petitioners / accuseC Nos.1 and 2 is hereby quashed' 8 t Accordingly, this Criminal Petition is aliowed' 1992 scc (cRI) 426 5 Miscellaneous Petitions, pending if any, shall stand closed Sd/-V. KAVITHA ASSISTANT REGISTRAR //TRUE COPY// S TION OFFICER To, '1. The Judicial First Class Magistrate, at Sirpur-Town. 2. The Station House Officer, Chinthalamanepalli Police Station, Komaram Bheem Asifabad Diskict, 3 One CC to Sri. Gajanand Chakravarthi, Advocate [OPUC] 4. Two CCs to Public Prosecutor, High Court for the State of Telangana. [OUT]. /5. Two CD Copies. YlRigh HIGH COURT DATED:1910212025 \ \. (' 9 .$ s\s. \- tt:-)i- \r ': 'i., ORDER CRLP.No.9879 of 2021 ALLOWING OF THE CRIMINAL PETITION.