The High Court · 2025

Prosecutor, High Court for the State of Telangana at Hyderabad . ..RESPONDENT/RESPONDENT NO. { 2. B. Chandraiah, S/o. Late tvlallaiah, Aged about 54 years, Occ Agriculture, R/o. Kurraram Village, Rajapet Mandal. Yadadri- Bhuvanagiri District ,..RESPONDENT NO.2/COMPLAINANT 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 Quash the proceedings against the Petitione'r/Accused No. 2 in C. C. No. 519 of 2024 on the file of Junior Civil Judge- cum- Judicial Magistrate of First Class, Yadadri, Yadadri- Bhuvanagiri District for the Offences punishable U|s.42O,419, 120b rlw.34 of IPC l.A. NO: 1 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 Petitioner/Accused No. 2 in C. C. No. 519 of 2024 on the file of Junior Civil Judge- cum- Judicial Magistrate of First Class, Yadadri, Yadadri- Bhuvanagiri District pending above quash petition This Petition corning on for hearing, upon perusing the Memorandum of Grounds of Criminal Petition and upon hearing the arguments of Smt. Sesha Rajyam, learned counsel representing Sri KOTESWARA RAO MUMMANENI, Advocate for the Petitioner and SRl. JITHENDER RAO VEERAMALLA, Additional Public Proseeutor on behalf of the Respondent No.1 and None Appeared for the Respondent No.2 The Court made the following: ORDER THE HON'BLE SMT. JUSTICE TIRUMALA DEVI EADA CRIMINAL PETITION No.13343 OF 2025 ORDER: This Criminal Petition is filed by the petitioner-ac;cused No.2 seeking to quash the proceedings against him in C.C.No.S19 of 2024 on the file of learned Junior Civil Judge-cum-Judicial Magistrate of First Class, Yadadri, Yadadri-Bhuvanagiri District, registered for the offences under Sections 420,419 and 1208 read with 34 l.P.C

2. Heard Smt. Sesha Rajyam, learned Senior Counsel representing Sri t\tl. Koteswara Rao Mummaneni, learned counsel for the petitioner and Sri Jithender Rao Veeramalla, learned Additional Public Prosecutor for respondent No. 1 -State.

3. Learned Senior Counsel for the petitioner submitled that the petitioner herein is a purchaser and that the matter pertains to land dispute. She further submitted that though there are remedies available under civil law, respondent No.2-de facto complainant has resorted to launch criminal proceedings just to settle the scores on civil side. She further submitted that the petitioner herein is a bona frde purchaser and has not committed any offence as alleged by the de facto complainant. She, therefore, prayed to quash the proceedings in the present C.C. a g aTn s+ tne petitioner. I I I 2 ET'D,.I Crl.P.No. 13343 of 2025

4. Learned Additional Public Prosecutor submitted that the original pattedar of the subject land (father of the de facto complainant) passed away in the year lggz and subsequenfly, the petitioner herein i.e., accused No.2 along with accused No.1 got executed a document showing the father of the de facto complainant as a seller and thus, criminal element is made out in the case, as they have impersonated a dead person and got executed a fabricated document. He, therefore, prayed to dismiss the Criminal petition.

5. Perused the record

6. lt is alleged that accused Nos,1 to 8 fraudulently appeared before the sub-Registrar, Yadadri, by providing fake lD proofs portraying them as original documents and got executed sate Deed vide document No.2993 of 2006, dated 17.08.2006, and sold the land to an extent of Ac.5-23 guntas in Survey Nos.139 to 144 inthe outskirts of Jala Village in the name of the petitioner-accused No.2 without the knowledge of the de facto complainant by creating fake documents. lt is further alleged that in the said documents, late father of de facto complainant was impersonated by accused No.3. Thus, the said allegations point out prima facie case against the petitioner herein I I I I i i 7 . lt is further borne out by record that accused No.1 is alleged to be a habitual offender and involved in four cases viz., Crime Nos.17 of 2009, ^J ETD,J (lrl.P.No. 13343 of 2025 41 of 2015, 100 of 2020 and 105 of 2020 of Rajapet Police Station. The petitioner-accused No.2 is alleged to be involved in one crime vide Crime No.105 of 2020 of Rajapet Police Station. ln the present case, C.C.No.S19 of 2024 is pending on the file of learned Junior Civil Judge- cum-Judicial Magistrate of First Class, Yadadri, Yadadri-Bhuvanagiri District. Hence, it is not a fit case to quash the proceedings in the present C.C. However, in the facts and circumstances of the case, it is deemed appropriate to dispose of the Criminal Petition by dispensing with the attendance of the petitioner before the trial Court

8. Accordingly, the Criminal Petition is disposed of dispensing with the attendance of the petitioner before the trial Court provided he is represented by a counsel before the trial Court on every date of hearing and shall appear before the trial Court whenever his presence is required during the course of trial Miscellaneous Petitions pending, if any, shall stand closed SD/. A PRATHIMA DEPUTY REGISTRAR G SECTION OFFICER //TRUE COPY/ To, 1 The Junior civil Judge-.cum- Judicial Magistrate of First class, yadadri, Yadadri- Bhuvanagiri District

2. The Station House Officer, Rajapet police Station, Rajapet, District Rachakonda , I i ,--.4 . -q=ri;iriiF-iirhEl

3. One CC to SRI KOTESWARA RAO MUMIVIANENI Advocate [OPUC] -/ 4. Two CCs to Public Prosecutor, High Court for the State of Telangana at '' Hyderabad IOUTI /

5. Two CD Copies VM/ABK W HIGH COURT DATED: 3111012025 \ \ ORDER CRLP.No.13343 o12025 2 ? k

4. o f ,iE .S;'., )- ff 2: [rt Z[Zf * l r).,,..r.. , '- ' -.: * ,./r, -7 DISPOSING THE CRIMINAL PETITION % *s4 Sr"'