The High Court · 2025

2. Sri.Anadugula Srinivasulu, Sio not known to petitioner. aged Major, Occ. Jr. Technical Officer, Azambad Seption, Sub-Division-ll, O anO M Div-V V, Rl/o Hyderabad Metropolitan Water Supply. and Sewerage Board, Khairatabad, Hyderabad. ...Respondents/Defacto Complainant Petition under Section 482 of Cr.P.C praying that in crrcumstances stated in the Memorandum of Grounds of Criminal Petition, the F{igh Court may be pleased to quash the proceedings in Cr. No. 377 of 2022 on the file of PS, Musheerabad, Hyderabad against Accused No.'1 . l.A. NO: 2OF 2022 Petition under Section 482 of Cr.P.C praying that in the circumstances stated in the Memorandum of Grounds of Criniinal Petition, the High Court may be pleased to stay all further proceedings in Cr.No. 377 of 2022 on the file of PS, Mushirabad Hyderabad against Accused No.1 pending disposal of the above criminal petition. l.A. NO: 2 OF 2023 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 extend the order d1.2610912022 passed in l.A.No 2 ol 2022 in Cd.P.No.8669 of 2022 until further orders. - l.A. NO: 1OF 2025 Between: fhe state of relangana, Rep by its public prosecutor, High court for the State of Telangana at Hyderabad AND ...lPetitioner/Respondent

1. G.Vanaja,_Wo Sudershan Yadav, Aged about 35 years, Occ. Housewife, R/o H.No.1-9-2'15, Ram Nagar, Hyderabad ... RespondenUA-1 2. Sri.Anadugula Srinivasulu, S/o not known to petiiioner. aged Major, Occ. Jr. Technical Officer, Azambad Section, Sub-Division-ll O a"nd M Div-V Y, R/9 , Hyderabad. lr/letropolitan Water Supply anrt Sewerage Board, Khairatabad, Hyderabad. ...Respondents/ Complainant Petition under section 528 of BNSS praying that ir the circumstances stated in the Memorandum of Grounds of criminal petition, thr: High court may be pleased to vacate the interim orders. This Petition coming on for hearing, upon perusing the Memorandum of Grounds of criminal Petition and upon hearing the arguments of sri s. Ram Reddy, Advocate for the Petitioner and the Mr. M. vivekanrrnd,a Reddy on behalf of the Respondent No. 1 and of Mr. A. Veeresh Kumar stancing counsel for the Respondent No. 2. The Court made the following: ORDER THE HONOURABLE SRI JUStrICE J. SREENTVAS RAO CRIMINAL PETITION No. 8669 of 2022 ORDER: This Criminal Petition has been filed under Section 482 the Code of Criminal Procedure, Ig73, by petitioner/accused No. 1 seeking to quash the proceedings in F.I.R.No.377 of 2022 of Mushirabad Police Station, Hyderabad, registered for the offences punishable undcr Sections 269 and 43O of the Indial Penal Code, 186O (for short, 'the IPC').

2. Heard Mr. S- Ram Reddy, learned counsel for the petitioner, Mr. M. Vivekananda Reddy, learncd counscl appearing for respondent No. 1 State and Mr. A. Veeresh Kurnar, learned Standing counsef for responde nt No.2 Board.

3. Learned counsel for the petitioner submiited that th e petitioner is the owner of House bearing No. 1-9- 162, Rann Nagar, Hyderabad, and she is fiving with her farnily. The petitioner's prernises is having tivo water service connections since 2017. The Hyderabad Mefropolital Water Supply and Sewerage Board (for short, 'thd Board') have allotted CAN No.61754O113 in respect of one water service connection and they have not allotted CAN nurdber to another water servicc connection. He further submi,tted that in the month of 2 ..i Febrrraqr, 2O2O, Lh.e Board isstred a notificzrtron stating that if any person has an illegal water service con rcction, they are entitled to rnake an application for regularization by paying requisite charges. Pursuant to the sai<l notification, the petitioner subrni tted application on 1,g .Ct2 .2O2O , uide Ftle No.VDS2O19 /7434 through online, wherein she specifically stated that she is ready and willing to pay the regularizatior. charges as per the scheme introduced by ttre Board. However, the Board has not taken any steps to consider the said application. Oo 27 .O8 .2022 , tlre petiti,rr er subrnitted a representation before the Director of the llo:rrd, Hyderabad, requesting them to consider the applic,a -ion which was submitted on 19.O2.2O2O. However, the Board has not taken any action and disconnected the water suppl1' connection. On the other hand, respondent No.2 lodgecl l,.cornplaint on O2.O9.2O22 alleging that the petitioner obtained an iilegal water service connection. Basing on the said application, Crirne No.377 of 2022 was registered b5, the Mushirabad Police Station, though the ingredients under flections 269 and 43O of the IPC are not attracted against he.r, especially the regr.rlarization application is pending consicteration before the Board. Flence, the initiation of the crirn; nal proceedings against the petitioner is clear abr.rse of the prccess of law. -/' 3

4. Per contra, learned Standing Counsel submitted that the petitioner has taken an illegal water service connection and damaged the water pipeline. There are specific aJlegations made against the petitioner and when the investigation is under progress, the petitioner hafl approached this Cor-rrt and obtained stay order, especially there are no grounds to seek quash the crirne, and the sarne is liable to be disrnissed.

5. Learned Assistant Public Pfosecutor reiteratcd the very same sr.rbmissions rnade by the learned Standing counsel for respondent no.2.

6. this Court considered the subrnissions made by the respective parties and perused the material available on record. It is not in dispute tha,t petitioner is the owner of House bearing No. 1-9-162 situated at Ram Naggr, Hyderabad. The specific case of the petitioner is that trei prernises is having two water services connqctions since 20 17 and the Board allotted CAN No.61754O1n3 in respect of one water service connection and they have not a-llotted CAN number to alother water service connectionr. It is a-lso not in dispute that the Board issr-red a scheme in February , 2O2O, for regularization of illegal water serVice connections by allotting CAN nurnbers. Pursuant to the sarne, the petitioner submitted online application, uidq Flle No.VDS2O19 /7434 on / 4 lg.O2.2O2O. Thereafter, the petitioner submitted a representation on 27 .Oa.2022 requesting the Board to consid.er her VDS application dated 19.O2.2C1|O zr'ncl regolarize the water service connection and allot CAN rLurnber' In spite of the same, the Board has not taken any :;teps to consider the said representation nor passed any orrle r. On the other hand, respondent No.2 disconnected thc water service connection ar-rd todged a complaint on C,2.O9.')O22'

7. When the regularization application submitted by the petitioner dated 19.02.2O2O as well as [he representation d.ated 27.O8.2022 is pending before the Boerrrl, this Court is of the considered view that init-iation of crirr inal proceedings against the ltetitioner is an abuse of the lrrocess of law and the sarne is liable to be quashed. t . For the foregoing discussion, this Court is of the considered opinion that it is zr ht case to ;-nvoke Section 482 Cr.P.C. to qr.rash the proceedings against petitioner/accused No. 1. g. In the result, the Crirninal Petition is allowed. The proceedings against the petitioner/ accused t'lo. 1 registered for the offences under Sections 269 and 43O of the IPC in F.l.R.No.377 of 2022 of Mushirabacl Police Station, t{yderabad, are herebY quashed. , --'' '- /.., To, 5 Miscellaleous applications, pending if any, shall stand closed. SD/. MOHD.ISMAIL DEPUTY REGISTRAR //TRUE COPY// EC ION OFFICER

1. The XVll Additional Chief Metropolitan fllagistrate Hyderabad. 2. fhe Station House Officer, Mushirabad Police Station, Hyderabad. 3. One CC to Sri S Ram Reddy AdvocatB [OPUC] 4. One CC to Mr. M. Vivekananda Redpy Advocate [OPUC] 5. One CC to Mr. A. Veeresh Kumar Standing Counsel, Advocate [OPUC] 6. Two CD CoPies DUPSL o I HIGH COURT DATED:03/09/2025 ORDER CRLP.No.8669 oi 2022 C) (-) Ll l:' a T .c ( p sr: 2m5 ( 2: c', * .| ;.t-' ' t.f1-i:"' .l. ALLOWING THE CRIMINAL PETITION 0