The High Court · 2025

The State of Telangana, Rep by its Public Prosecutor, High Court or the State of Telangana, Hyderabad. Gandham Madhunamma, W/o Venkateshwarlu @ Bollam Veeraswamy, Aged about 55 years, Occ: Housewife, R/o. H.No.2-69143/2, Dharmasagar Village and Mandal, Hanamkonda District. ...RESPONDENTS/COMPLAINANT Petition under Section 528 of BNSS praying that in the circumstances stated in the ltlemorandum of Grounds of Criminal Petition, the High Court may be pleased to call for the records relating to PRC No.94 of 2024 on the file of I Additional Judicial First Class Magistrate, Hanamkonda. l.A. NO: 1 OF 2024 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 stay all further proceedings including appearance of the petitioners/A.l and A-2 in PRC No.94 of 2024 on the file of I Additional Judicial First Class Magistrate, Hanamkonda- l.A. NO: 1 OF 2025 Between: Gandham Madhunamma, Wo. Venkateshwarlu @ Bollam Veeraswamy, aged about 55 years, Occ: House Wife, R/o. H. No.2-6914312, Dharmasagar Village and ltilandal, Hanamkonda District. AND ...PETITIONERYRESPONDENT NO.2 .z

1. Gankidi Damcdar Re{dy, S/o Chandra Reddy, Aged about 65 years, ^ 9"" Agricurtu'e, R/o Dharmasagar Virage ani uanoat, rJanamkonda District. 2. Gankidi Sriniv,rs Reddy, S/o. Oainoaar i?Or, ogud about 42 years, occ: Agricultu-e, R/o Dharmasagar village arid Mandal, lianamkonda District.

3. rhe slate or r-.ransana, Rep by its ,r0," ,ijSLllj?NERS/AccusED High Court or the State of Telangana, HyaeraOia 1&2 ...RESPONDETITS/COMPLAINANT Petition unde' sectron.52g of BNSS praying that in the circumstances stated in the Memcrandum of Grounds or crimin'ai petition, the High court may be preased to vacate the interim oro"l o"t.o 17 r12t2024 passed in Crl. P. No. 1 5228 of 2C24 in the interest of Justice --' This petitiorr <;oming on for hearing, upon perusing the Memorandum of Grounds of crimrnar retition and upon n"#ing th" lrguments of sri D BHASKAR REDDY, Advocate fcr the petitionu, ,nA tf," [,' [a]rachandrl Reddy, Additraonl Public Prosecutor on behalf of the ResponJ".i fV"l. The Court made the:bllowing ORDER: --:9:vr,r , t I ! : i THE HON'BLE SMT. JUSTICE JUVVADI SRIDEVI CRIMINAL PETITIO N No.15228 of2024 ORDER: -fhis Criminal Petition is filed under Section 528 of Bharatiya Nagarik Suraksha Sanhitha, 2023 by the petitioners-accused Nos. I and 2 seeking to quash the proceedings against them in P.R.C.No.g4of2024onthelrleoflearnedIAdditionalJudicialFirst Class Magistrate, Hanamkonda, pertaining to Crime No'134 of 2024 of Madikonda Police Station, Warangal Distrcit, registered for the offence punishable under Section 307 read with 34 of lndian Penal Code (for short 'lPC').

2. Heard Sri D.Bhaskar Reddy, leamed counsel for the petitioners and sri M.Ramachandra Reddy, learned Additional Public Prosecutor appearing for the respondent No.l-State. No representation on behalf, of respondent No.2. Perused the record.

3. The brieffacts ofthe case are that in the year 1990, the de-facto complainant and her husband purchased Ac.5'00 acres of land in Sy.No.1912/A, Madikonda Village. Around 6 months before the incident, the complainant's family travelled to the USA' During their .@ \ 2 JS, J Cil-P-No.15228 of 2024 absence, the a:cused Nos. 1 and 2/petitioner Nos.1 and 2, who are adjacent lanrl owners, allegedly rernoved the bund and occupied Ac.0.29 cents;. {lter returning lr.om USA, on 17_06-20..,.4, the de_facto complainant's husband visitcd trrei. rand and notice trrar their land rvas encroachmc,r- t) an exterlt of Ac.0.2g cents and objectecr for the same, for rvhich he ri as allegedly assaulted by Accused No. 1 using Chilli powder and artacked with a stick, accused No.2 threate.ed to ki, him. On 18-06-20)_4, the de-facto complainanr lodged a complaint at Madigonda Police Station, basing on which, a case in Crime No. i34 of 2024 was registered under Section 307 read with 34 tf IpC against the petitionersi a:cused Nos. I and 2. The police investi5.ated and filed a charge shcet, rvhich is ,urnbered as p.R.c.No.94 of 2024 before the leamed I Additic,nat Juclicial First Class Magistrate, Han,rmkonda.

4. Leamed counsel for the petitioners contencted that the petitioners are i,noccnt and have no invorvement whalsoever in the alleged oflences. Ihe1, have been falsely implicatecL by the 2,d respondent in a fal--'ricated criminar case with an urten or motive to harass and dispossess them of their rightful land. He furtrrer contended that the l'' petiti.ner is the absolute owner and rossessor of agricultural lanri .o an exlent of Ac. l1_19 gts., situated i.r Madigonda . a 3 JS' J Crl.P.No.15228 of 2021 Village, Kazipet Mandai, Hanamkonda District' in the Sy.No.1913/B/3 to an extent of Ac'8-00 gts, Sy'No-l9lZlEl} to an extent of Ac.0-29 gts., and Sy'No'1914/B12 lo an extent of Ac.2-30 gts.

5. He further contended that the land in Sy No'1912/E'l2' measuring Ac.0-29 gts-, is the subject of dispute in the present matter' The lahsildar concerned has issued the Pattadar Passbook and Title Deed in favour of the l" petitioner herein, and the petitioners have been in peaceful possession and cultivation of the said land' He further contended that the 2"d respondent, on the other hand' claims to have purchased Ac.5.00 gts. of land in Sy'No'1912/A, which is adjacent to the petitioners' land, but distinct and separate from the petitioners' land. Despite this, the 2"d respondent and her husband began pressuring the petitioners, threatening that they would take over the land by any means. On 17.06'2024 at around 8:30 AM' while the l't petitioner and his driver were cultivating the land, the husband of the 2nd respondent trespassed upon the land and falsely claimed ownership of Ac.0.29 gts and abused and attacked the l"t petitioner and sprinkling chilli powder on him and attacking him with at axe at that time one Ravula Venkat Reddy, instigated the husband of 4 JS, J C'l-P.No-15228 of 2024 2"d resporide,t to kill the 1.t petitioner, driven by old enmity, due to which, thc 1"'pctitioner sufferecl bleeding injuries to his head and was shifted to a .ospital i, Hanarnkonda. f.he ?,,d petition:r immediately lodged a complaiL'rt wirh the Stati.n rlouse ofllcer, Madigonda police Station on tlre sarne day, i.e., 11 .06.2024, based on which Crime No. 133 of 2(t2l was registcred against the hur;band of the respondcnt and l(avula Vcrrkat Redcly, who were shown as 2"n A-1 and A-2 the r-ein, respectively,

6. He further contended that as a counter_blast,, the Z"d respondent lodged a falsr' and concocted complaint the very next day, i.e., 18.06.2024 at 3:00 pM, falsely implicating the petitioners hercin alleging that the1,' had attacked her husba,d and cause,r injuries. He furlher contendel that thc injuries mentioned in the courLter complaint are simple in nirture, as per the charge sheet and medical repofts. The allegations do not satisfy the essential ingredien.s of Section 307 Indian Penat Code. and no prima_fctcie case is rnace out against the petitioners and the entire dispute is civil in nature, corlceming land ownership and possession, and the 2nd respondent ought to have approached the competent civil courl for redressal and the crimi,al complaint is an iLbuse ol process, which is filed only lo harass the @' - '..{ 5 JS, J Cd.P.No-15228 of 2024 petitioners and to illegally lay claim over their land. It is settled law that the Criminal proceedings cannot be sustained where they are initiated with an ulterior motive, particularly when the dispute is civil in nature, he relied upon the decision rendered by the Hon'ble Apex Couft in Srare of Haryana v. Bhajan Lalt. 7 . He fur1her contended that the learned Magistrate has mechanically taken cognizance and issued process without examining whether the allegations or contents of the charge sheet constitute a prima-facie case under Section 307 of Indian Penal Code, as such the continuation of proceedings in P.R.C.No.94 of 2024 pending before the I Addl. JFCM, Hanamkonda, would therefore, amount to abuse of process of law and cause grave injustice to the petitioners. Hence, he prayed to quash the proceedings in PRC No.94 of 2024, including the summoning order, in the interest ofjustice.

8. On the other hand, learned Assistant Public Prosecutor vehemently opposed to quash the proceedings against the petitioners as police have investigated the case and filed charge sheet against the accused. He further contended that it is not a fit case to quash the I : ' AIR tgqz sc 60+ 6 JS, J (:rl -P.No.1 5228 of 2024 "-il&E€ E proceedings allainst the petitioners at this juncture anc the matter is to be decided aft,:r conducting full-fledged trial by the co rcerned Court

9. Having regard to the contentions advanced on ejther side and on the facts ancl .ircurlstances of the case, the appcaraur;e/attendance of the petitionerrs /accused Nos.l and 2 befbre the learred I Assistant Sessions Judg., flanamkonda, is dispensed with, unless their presence is required by the Courl for a specific purposc, or at the time of recording thei: examination under Section 313 Cr.p C., and on the date o I pronc,u lccment of .Iudgment. However, the petrlioners/accused Nos.l and 2 are at liberly to i-rle dischargc petitio.r and on such petition being filed, the Court shall dispose of the same on merits uninfluenced by any of the obserr,,ations made by this Crrder.

10. With the above observation, this Criminat petition is disposed oL Pending rniscellancous applications, if any. shall stand closed. SD/- A, PRATHIMA DEPUTY REGISTRAR Z: //TRUE COPY// SECTION OFFICER To,

1. The I Additiorral Judicial First Class Magistrate, Hanamkcnda' 2. The Station F ouse Officer, lvladikonda Police Station, Hirnamkonda District 3. One CC To SRI D. BHASKAR REDDY, Advocate (OPUt); 4. One CC to SIll S. RAVINDER REDDY, Advocate [OPU']I '..1.' . ]....1,.:ilJ?9: ''...,7 \

5. Two CCs to SRI PUBLIC PROSECUTOR, High Court for the State of Telangana, HYderabad. [OUT] 6- Two CD CoPies M- CRK/PSL I{ I I HIGH COUR DATED:0210t 12025 I ( '& I rli .4 (Y ) a) .J t '+ ) \ 240[T2[6 (: -k o Ari P, '/.! *: i ORDER CRLP.No.151228 ot 2024 CRIMINAL PI=TITION IS DISPOSED OF. { C\ "r{ \y'I y^ \!