The High Court · 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 plegsed to Quash the Crime. No. 550 of 2024 against Petitioner/Accused No. 20 bn ine tte Karimnagar ll Town Police Station, for the offences U/ Sec. 318(4)' 338, 336(3), 340(2), 30-8(5), 61(2),351(3), 3(5) of BNS 2023 against the petitioner and pass t.A. :2 OF 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 grant stay of all further proceedings in Crime. No. 55-0 of 2024 against the petitioner/Accused No. 20 on the file [qtt*llgar ll Town police station,-for the offences U/Sec. 318(4), 338, 336(3), 340(2), 308(5), 61(2), bStlay, 3(5) of BNS 2023. ,pending disposal of the above.criminal petition and p.5 ir"n other order or orders as ihis Hon'ble Court may deem fit and proper in the circumstances of the case. l.A. NO: 3 OF 2024 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 extend the interim order dt.12.11.2024 passed in l.A No.02 of 2024 in Crl.P.No.13493 of 2024 until further orders and pass such other order or orders as this Hon'ble Court may deem fit and proper in the circumstances of the case. This Petition coming on for hearing, upon perusing the Memorandum of Grounds of Criminal Petition and upon hearing the arguments of Sri THOOM SRINIVAS ,Advocate for the Petitioner and Sri M. Ramachandra Reddy Additional Public Prosecutor (TG) on behalf of the Respondent No.1. and of Sri T. Sai Chand Advocate for the Respondent No. 2. The Court made the following: ORDER 1(\ IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD THE HON'BLE SMT. JUSTICE JUWADI SRIDEVI GRIMINAL PETITION No.l3493 OF 2024 12TH DECEMBER, 2025 Between Kotha Jaipal Reddy. Petitioner AND The State of Telangana Rep. through Public Prosecutor and 1 other. Respondents ORDER: This Criminal Petition is filed by the petitioner-accused No.20 to quash the proceedings against him in Crime No.550 of 2024 on the file of Karimnagar ll Town police station. The offences alleged against the petitioner are under Sections 318(4), 338, 336(3), 340(2),308(5), 61(2), .. 351(3), 3(5) of Bharatiya Nyaya Samhitha (for short'BNS').

2. Heard Sri K. Rajashekar, Iearned counsel representing on behalf of Mr.Thoom Srinivas, learned counsel for petitioner, Sri T.Sai Chand, learned counsel for the respondent No.2 and Sri M.Ramachandra Reddy, learned Additional Public Prosecutor for the State. Perused the record. 2

3. The case of the prosecution is that the accused persons in Crime No.550 of 2024 have cheated the complainant by creating false document, used as genuine with criminal conspiracy and common intention in order to grab the land, when the complainant asked the A1, the 41 has extorted the complainant by threatening to cause death if he did not give land for the purpose of developments or demanded amount of Rs.25 lakhs. Hence the respondent No.2 filed the present case for the offences under Section 318(4), 338, 336(3), 340(2), 308(5), 61(2), 351(3), 3(5) of BNS.

4. Learned counsel for petitioner submits that the petitioner has purchased a land from accused No.19, which was acquired by the vendpr of the petitioner from the father of the complainant vide document No.5670 of 2022, dt.02.12.2022. After purchase of the land, subsequently petitioner sold the land to A9, 410 and A14 vide document No.471 I of 2023, dt.15.09.2023. While so, de facto complaina.nt filed a suit for declaration of title and perpetual injunction against A4, A5, Ao and A18 vide O.S.No.244 of 2024 on 08.04.2024 and also filed the present FIR No.550 of 2024 on 29.08 .2024 against petitioners/accused Nos.1 to 21. Subsequently, Crl.P.No,14101 of 2024 has been filed by the accused Nos.1 to 18 in this crime, wherein the matter was compromised between the parties and proceedings against them are quashed. He I : I I, I I I I i, 3 further submits that petitioner is neither a party to the civil suit nor he is the owner of the land. ln fact the petitioner purchased the land and sold the same to third pafties through legally enforceable registered documents. Even assuming the allegations in the complaint are true, the present complaint was made by the de facto complainant is nothing but abuse of process of law by using crime as tool to settle the civil dispute between de facto complainant and other accused persons. The present complaint is lodged only to harass petitioner personally by mentioning his name in the complaint and there is no mention either in the complaint or in the charge sheet as to how the petitioner has cheated the de facto complainant and the relationship between the petitioner and de facto complainant. Petitioner is a frequent traveler to abroad and the petitioner herein travelled to abroad on 16.02.2024 and the present FIR came to be registered on 29.08.2024, which is illegal and arbitrary and he is totally unaware of the said FIR till last week of October. Hence, prays to allow the criminal petition

5. Learned counsel for the respondent No.2 as well as learned Additionat Public Prosecutor for the State submitted that there are specific allegations against the petitioner and the truth or otherwise would come out onty after conducting full-fledged trial by the concerned Court below and prayed to dismiss this Criminal Petition ,-.-E- I I I \ \ \ I 4

6. On perusal of the material, it is evident that the petitioner has purchased a land from accused No.19 and sold to third parties, which is very much prior to the lodging of the civil and criminal cases by the de facto complainant against the petitioner along with other accused persons, wherein the petitioner is neither a party to the civil suit nor is ' there any role of the petitioner as per the averments made in the charge sheet. ln view of the civil dispute pending between the complainant and A4, A5, A6 and A18, the present petitioner has been implicated in the present case. However, since the matter between the complainant and A1 to A1 8 was compromised vide Crl. P. No. 1 4101 of 2024 on

27.11.2025, the case against the present petitioner if still pending is abusg of process of law, without there being any allegation against him Hence, in view of the submissions made by the learned counsel and there being no civil suit pending against the petitioner herein and since the ingredients of the offences as alleged in the charge sheet are not made out, this Court deems it is a fit case for quashing the proceedings against the petitioner/accused No.20.

7. Accordingly, this Criminal Petition is allowed and the proceedings against the petitioner-accused No.20 in Crime No.550 of 5 r 2024 on the file of the Karimnagar ll Town Police Station are hereby quashed As a sequel, pending miscellaneous applications, if any, shall stand closed Sd,- N ,|.. .. REG RAO ,,TRUE COPY/ SECTION OFFICER District. State of Telangana To, 1 2. 3.

4. PIdSA V\-- \ r ,i, HIGH COURT DATED i1211212025 t I 0R\rPlr CRLP.No.13493 ot 2024 STA '1 t Il o B Jrti ?r?[ '2. I SD .l'r-! { CRIMINAL PEITITION IS ALLOWED. *""e'Nfi*