The High Court · 2025

2. Mr. Ghori Mohammed Azmathulla, Aged 53, S/o. M.Nusrathullah Ghori Occupation, Executive of Petitioner No. 1 R/o. Hyderabad ...Petitioners/Accused Nos.1 and 3 AND 1 State of Telangana Through the Station House Officer, Gachibowli Police Station, Rep by Public Prosecutor, High Court of Telangana, Hyderabad

2. Donthu Hari Prasad, S/o. D. Satyan aruyana, Aged about 56 years, Occ.Business, R/o. H.No. 4-1-10319, Flat No. 503, Bhavani Nagar, Serilingampally Rangareddy District. ...Respondent No.1/Com Plaina nt ...Respondent No.2/De-facto Complainant Petition under Section 528 of BNSS praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition, tha High Court may be pleased to quash the FIR No. '1 1 of 2025 dated 03-01-2025 registered by P.S. Gach ibowli. I.A. NO: 2 OF 2025 Petition under Section 528 of BNSS 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 including appearance of the accused and arrest / detention of the accused in FIR No. '1 1 of 2025 dated 03-01-2025 registered by P.S. Gachibowli, This Petition coming on for hearing, upon perusing the l\4emorandum of GroundSofCriminalPetitionanduponhearingtheargumentsolj.iSRavi,Senior counselrepresentinglr//s.RS.ASSOClATES,forthePetitionersandMsShalini Saxena, Assistant PLrblil Prosecutor on behalf of the Respon jent No 1 and of none appeared for the Respondent No'2 The Court made the following: ORDER OTHE HON'BLE SMT. JUSTICE TIRUMALA DEVI EADA CRIMINAL PETITION No .11993 0F 2025 ORDER This Criminal Petition is filed by the petitioners - accused Nos.l and 3 seeking to quash the proceedings in FIR No'11 of 2025 onthefileofP.S.Gachibowli,Cyberabad,registeredfortheoffences under Sections 329(3), 324(4),351(2) of The Bharatiya Nyaya Sanhita, 2023 ('for short "BNS, 2023").

2.HeardthesubmissionsofSris.Ravi,learnedSeniorCounsel representing lv/s. R.S Associates, learned counsel for the petitioners and [t/ls. shalini saxena, learned Assistant Public Prosecutor for respondent No.'1 - State. 3 The learned petitioners counsel has submitted that the petitioners are facing false allegations of trespass and that he is the owner of the land in Sy.No.124lLU to an extent of Ac 1-00 guntas at Gopanpally Village, Serilingampally IVIandal and the de-facto complainant is alleged to be the owner in SyNo"l 24lA He further submitted that the de-facto complainant has obtained lnjunction order in his favour against another person i.e., tt/lohd. Shoaib Ahmed and not against the petitioners herein and under the guise of the said injunction,heisallegingtrespaSsagainStthepetitionersherein. --t/ 2 -I l.I l).i ( rlt) \o llr!)l tllta Even if the injunction is considered, it is not agarnst the petitioners, but against another person that is operating in favour fo the de-facto complainant rhe petitioners counser further submit.d that he is in possession of his own premises under sy.No..1 24lLU andthat earlier he has filed a Writ petition.No.34644 of 2024 and lhis Court has granted orders in his favour and against the de_faclo complainant herein. He therefore, submitted that the de_facto complainant cannot raise such farse ailegations against the petitioner hr:rein and has never trespassed into anybody,s land and hence the proceedings against the petitioners. pre yed to quash 4 The rearned Assistant pubric prosecutor has submitted that the arregations prima-facie show that the petitioner en ered into the premises of the cle-facto complainant and threatened rim with dire consequences. Hence, prayed to dismiss the petition.

5. Perused the record.

6. The sale deed relied upon by the petitioner hereirr shows that the petitioner company has purchased Ac, 1_00 guntar; of land in Sy.No.124lLU and his case is that he has been in possession of the said property. The allegations in the complaint point out that the petitioners have trespassed into the land of the de_facto ( jomplainant J I'I D,] Crlp.No.l I993 2025 in Sy No 124lA. A perusal of the proceedings in O.S.No.156 of 2024 reveal that the de-facto complainant is a plaintiff in the said suit and the defendant is one Shoaib Ahmed. The petitioner herein contends that he is in possession of Ac.1-00 guntas in Sy No.'l 24lLU, while the de-facto complainant alleges that he trespassed into the land in Sy.No.124lA. Thus, there seems to be a dispute with regard to identification of land, and it is also borne out by record that a civil suit is pending between the parties.

7. The case of the de-facto complainant is that this Court has passed an interim order in his favour in 1.A.NO.1070 of 2024 on

16.10.2024. Even if an interim order is granted in his favour on

16.10.2024 by the trial Court, it does not operate against the petitioner herein as he is not party to the said suit. Further, the writ petition filed by the petitioner herein in W.P.No.34644 o'f 2024 the de-facto complainant herein was made the respondent No.3. A Coordrnate Bench of this Court has disposed of the said Writ Petition and has directed lhe respondent No.2/Station House Officer, Gachibowli Police Station not to interfere with the civil disputes between the petitioner and respondent No.3 in any manner. lt was further observed that if the complaint filed by the respondent No 3 reveals commission of cognizable offences and if the presence of I -- l.ll)..1 ( rlp.\o.ll99-l 20l-i the representatives of the petitioner company is re,quired for the purpose of investigation, respondent No.2 shall ta(e appropriate steps strictly in accordance with the provisions of BNSS and also in terms of the orders passed by the Hon,ble Supreme rlourt in Lalitha Kumari Vs. Govt. of up & Othersl . Thus, the petitio.rer herein has orders in his favour against the de-facto complainant h -.rein.

8. Considering the facts and circumstances of the :ase and also the fact that the orders in writ petition are in favour or the petitioner herein. The case on hand is disposed of, with a oi.ection to the Police to invoke the proceedings under Section 35(3,, of BNSS and further to proceed strictly in accordance with law. lVliscellaneous applications pending, if any, shall r;tand closed Sd/- NAYANI CHANDRA SEKHAR RAO DEPJTY REGISTRAR \ //TRUE COPY// i \ S=CTION OFFICER To, 1 . The X Additional l\4etropolitan [t/agistrate Kukatpally at Pras hanth

2. The station House Officer, Gachibowli Police Station, Cyberabad 3. Two CCs to the Public Prosecutor, High Court for the State cf Telangana at nagar,Cyberabad Hyderabad (OUT) '(:ot:) t,t sctr lr; : II

4. One CC to M/S. R.S. ASSOCIATES [OPUC] 5. Two CD Copies NDK/PSI- W HIGH COURT DATED:2510912025 ORDER CRLP.No.11993 ot 2025 tt 4 i.' 2925 lt ' + ,. |i t. :) ,/ DISPOSING OF THE CRLP I a\ ( t