High Court · 2025

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 CC.No.495/2018, On the file of lAddl. Chief Metropolitan Magistrate, Hyderabad,; l.A. NO: 1OF 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 grant stay of all further proceedings in CC.No.495/20'l B, On the file of I Addl. Chief Metropolitan Magistrate, Hyderabad,; This Petition coming on for hearing,upon perusing the Memorandum of Grounds of Criminal Petition and upon hearing the arguments of Smt VEDULA CHITRALEKHA ,Advocate for the Petitioner and Sri E.Ganesh, Asst. Public Prosecutor on behalf of the Respondent No. 'l and none appear for the Respondent No.2; The Court made the following: ORDER THE HONOURABLE SRI JUSTICE E.V. VENUGOPAL CRIMINAL PETITION No.1O915 oF 20.23 ORDE R: This Criminal petition is filed seeking to quash the proceedings against the petitioner/accused No.l in C.C.No.495 of 2ol8 on the file of the learned I Additionar chief Metropolitan Magistrate, Hyderabad (for short, "the trial Court") for the offences punishable under Sections 44g, 509, 3S4, 506 r/w 34 of I.P.C.

2. Heard Mr.Vedula Srinivas, learned counsel representing Ms.Vedula Chitralekha, learned counsel for the petitioner, Mr.E.Galesh, learned Assistant public prosecutor appearing for respondent No.1-State and Mr.M.Rama Krishna, learned counsel for respondent No.2.

3. The brief facts of the case are that the petitioner is the owner of H.No.I2-2-823/C/tO situated at SBI Colony, Mehdipatnam, Hyderabad and respondent No.2 is the owner of H'No.r2-2-253/c/14, which is on the southern side of the house of the petitioner; that respondent No.2 had illegally opened the gate and ventilators into the passage of the house property of the petitioner jd.g November, 2olo and the petitioner filed a -t? 2 complaint before the GHMC authorities on 13.I2.2OIO. The GHMC authorities have decided to demolish the gate and ventilators erected by respondent No.2 and requested the Deputy Commissioner of Police, West Zone, vide letter dated 13.10.2010, for proving Police protection for the demolition operation. The proposed demolition did not take place on 13.10.2010 for some reasons not known to the petitioner; that respondent No.2 ltled a complaint dated 19.12.2010 before the Station House Ofhcer, Asif Nagar Police Station stating that the petitioner has attacked him and his family members along with 5O gundas and threatened the ladies and children in his house with dire consequences; Later the sarne was registered as F.I.R.No.350 of 2O 1O and the petitioner herein is accused No.1 tfrerein.

4. It is further stated that respondent No.2 has also filed O.S.No.711 of 2010 on the file of the learned II Additional Chief Judge, City Civil Court, Hyderabad seeking Permanent lnjunction restraining the petitioner from constructing wall abutting the gates on the northern side of the house property of respondent No.2. Respondent No.2 filed I.A.No.424O of 2O1O in O.S.No.711 of 2O1O seeking Temporary Injunction, but the I.A. was dismissed on 18.01.2O11. Since, the GHMC is not taking action against the ,,6 3 gate arrd ventilators opened by respondent No.2, the pelitioner filed W.P.No.13OO of 2012 seeking a direction to the GHMC authorities to cause demolition of the illegally erected gate and ventilators by respondent No.2. Respondent No.2 also filed W.P.No.481l of 2Ol2 against the GHMC authorities to declare their action in proposing to demolish the gate and ventilators opened by him illegalty. The above said Writ Petitions were disposed of by way of a common order dated tO.O4.2Ol2 and this Court had disrnissed W.P.No.130O of 2Ol2 leaving it open to the GHMC authorities to follow the due process of law for causing demolition of illegal structures made by respondent No.2; that on O5.O9.2O12, the petitioner once again gave a complaint to the GHMC authorities and as no action was taken, he filed W.P.No.31526 of 2OL2 before this Court which was ultimately disposed of on O9.LO.2OL2 directing the GHMC authorities to consider the representation of the petitioner and pass appropriate orders.

5. It is further stated that the GHMC authorities have issued a letter dated 16.11.2OL2 to the petitioner saying that the gate opened by respondent No.2 is itlegal and unauthorized and that he has to remove it within seven (7) days failing which an action 4 will be taken; that GHMC authorities have issued notice dated 29.LO.2O12 to respondent No.2 seeking to remove the gate which was erected illegally or else action will be taken. The police have investigated the F.I.R.No.3SO of 2010 and frled charge sheet on 16.07.2016 after six (6) years of registration of F.I.R. and the same is numbered as C.C.No.495 of 20lg which is the proceedings impugned herein. 6' Learned counsel for the petitioner submits trrat tJle entire dispute is civil-in-nature and converted into criminal case at the instance of respondent No.2. Therefore, relying on the decision passed by the Hon,ble Supreme Court in lqbal Alias Bala and Others Vs. State of Uttar pradesh and Othersr, he seeks to allow the Criminal petition.

7. l,earned counsel for respondent No.2, by filing the counter affidavit, submits that O.S.No.ZII of 2010 frled by him seeking the relief of Perpetual Injunction is decreed vide judgment dated 19.12.2023 before the learned XI Additional Civil Judge, City Civil Court, at Hyderabad and that even after suffering a decree of Perpetual Injunction, the petitioner is intimidating respondent No'2 by parking his vehicle across the gates. Therefore, he I (2023) 8 Supreme Court Cases 734 (' 5 submits that the matter requires adjudication at length and seeks to dismiss the Criminal Petition. I t

8. Having regard to the submissions of both the learned counsel, this Court is of the opinion that the matter requires a full-fledged trial. However, as sought for by the petitioner, the appearance of the petitioner is dispensed wittr in C.C.No.495 of 2O18 on the hte of the learned I Additional Chief Metropolitan Magistrate, Hyderabad. The appearance of the petitioner 1S dispensed with subject to filing an affidavit by the petitioner stating that in his absence, the proceedings conducted by his counsel will not be disputed by him in any manner. However, the petitioner shall appear before the learned Magistrate as and when his presence is required. In the event of failure of the petitioner to appear when the Court directs, this order dispensing with his appearance stands vacated automatically.

9. Accordingly, the Criminal Pelition is disposed of. However, in view of the urgency expressed by the learned counsel for the petitioner, the trial Court is directed to conduct and concluile trial in C.C.No.495 of 2018 on the fi1e of the Iearned I Additional Chief Metropolitan Magistrate, Hyderabad, AS expeditiously AS 6 Miscellaneous Petitions, pending if any, shall stand closed. (j SD/- K.BHAVANI SWAMY ASSITANT REGISTRAR //TRUE COPY// ')-..-H ,\S\.,, SECTION OFFICER

1. The I Addl. Chief Metropolitan Magistrate, Hyderabad 2. The Vl Addl. Chief Metropolitan Magistrate, Hyderabad 3. The Station House Officer, Asif Nagar P.S., Hyderabad 4. One CC to SMT VEDULA CHITRALEKHA Advocate [OpUC] 5. Two CCs to PUBLIC PROSECUTOR, High Court at Hyderabad (OUT) 6. Two CD Copies To, VSM/PSL HIGH COURT DATED:0910412025 -"': _:-=---.-\\ ,,..1..{ r - 5 14r(-.,'\, -'/, \. ,4 t\' /,.: '.\ \'.. ri SoJtttzon i,; \ r ''..: ' ,, ,,,',,.:,/ : -!.// \. - .,,:, ORDER GRLP.No.10915 of 2023 DISPOSING OF THE CRIMINAL PETITION / { /7 // 6