High Court · 2025

Sri Gadiraju Pawan Kumar, S/o. G. Hanumanth Rao, Aged about 36 Year, Occ. Bqsiness, R/o H. No. 24-81171Flat No.204, Mam,tha Appartments, Anand Bagh, tr4alkajgiri- Ivledchal District ...RESPONDENT NO. 'l and 2 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 C.C No. 7591 2023, registered for the offence, punishable Under the Head of section, 467, 468, 471 Rlw section 34 of l.P.C, Pending on the file of the Court of the I Additional Junior Civil Judge cum XIX lvletropolitan lVlagistrate, lValkajgiri Medchal Malkajgiri District arising from the complaint of respondent No.2. l.A. NO: 2 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 the Proceedings, including the Presence of the Petitioner/ accused No-3 in C.C No. 759 of 2O23, registered for the offence, Punishable Under the Head of section, 467, 468, 471 Rlw section 34 of l.P.C, Pending on the file of Honorable '1st Additional Junior Civil Judge cum XIX Metropolitan l\4agistrate, tulalkajgiri Medchal Malkajgiri District, arising from the complaint of respondent No.2. This Petition coming on for hearing, upon peruslng the Memorandum of Grounds of criminal Petition and upon hearing the arguments of Sri M Rathan Singh, Advocate for the Petitroner and sri Arun Kumar Doddla, Additional Public Prosecutor, High court for the state of Telangana, Hyderabad on behalf of the state i Respondent No.1 and of sri P.Ruthvik, Advocate for the Respondent No.2. The Court made the following: ORDER: THE HONOURABLE SMT. JUSTICE K. SUJANA CRIMINAL PETITION No.16 OO7 of2024 ORDER: This Criminal petition is frled by the petitioner/ accused No.3, to quash the proceedings against her in C.C.No.759 of 2023 on the frle of I Additional Junior Civil Judge-Cum_XIX Metropolitan Magistrate, Malkajgiri, Medchal Malkajgiri District, for the offences punishable under Sectio ns 467 , 46g and 4Z I read with 34 of the Indian Penal Code, 1860 (for short .the IpC).

2. The brief facts of the case are that accused No.l besides trespassing the schedule properties illegally, accused No. 1 , in collusion with other accused, also executed the registered gift deed documents bearing Nos.4647 atd 464g of 2022 in respect of the schedule properties in favour of accused No.2 by suppressing the fact that the de-facto complainant obtained the schedule properties through registered sale deed document bearing No.1866 of 2022. Hence, a case was register ed uid.e Crime No.952 of 2022 before the Neredmet police and after completion of investigation, charge sheet was frled uide C.C.No.759 of 2O23 on the file of I Additional Junior Civil Judge_ L 2 SKSJ ctl-P.Na-16007 of 2o2a Cum -XIX Me tropolitan Magistrate, Malkaj giri, MedchalMalkaj giri District. a Heard Sri M.Ratan Singh, learned Counsel for the Petitioner as well as Sri Arun Kumar Doddla, learned Additional Public Prosecutor for respondent No.l-State and Sri P.Ruthvik, learned counsel for respondent No.2

4. Learned counsel for the petitioner submitted that the petitioner is innocent and she is no way concerned with the alleged offence. He further submitted that though there is no corroborative evidence to prove that the petitioner made extraneous consideration which discharging her duties as sub- registrar, the petitioner was implicated with false and fabricated allegations. He also submitted that without there being any sanction, the trial Court has erroneously took cognizance against the petitioner and continr-iation of proceedings against the petitioner is nothing but abuse of process of law. Hence, he prayed the Court to allow the Criminal Petition by quashing the proceedings against the petitioner. 3 s,<sJ d.P.No. 16007 of 2024

5. Per Contra, learned counsel for respondent No.2 submitted that since accused No. 1, in collusion with other accused including the petitioner, executed the registered gift deed in respect of the schedule properties in favour of accused No.2 by fabricating the documents, no sanction is required to take cognizalce against the petitioner. Hence, he prayed the Court to dismiss the Criminal Petition.

6. On the other hand, learned Additional Public Prosecutor for respondent No. 1-State submitted that opposed the submissions of the learned counsel for the petitioner stating that there are serious allegations against the petitioner, which requires trial. Hence, he prayed the Court to dismiss the \ I I I I Criminal Petition.

7. In view of the rival submissions made by the parties, this Court has perused the materia_l available on record. It is appa-rent that the only allegation against the petitioner is that the petitioner registered the said document without veri$ring the link document. Pertinently, there is an order of this Court in W.P.No.1O366 of 2022 to register the said document and the petitioner registered the said document in pursuant to the said 4 s,<s,J Crt cNo. t 6ao7 of 2424 order. Hence, considering the facts and circumstances of the case, this Court is inclined to quash the proceedings against the petitioner. Accordingly, the Crimina-l Petition is Allowed and the B. proceedings against the petitioner/ accused No.3 in C.C.No.759 of 2023 on the hle of Junior Civil Judge-Cum-XIX Metropolitan Magistrate, Malkajgiri, Medchal Malkajgiri District, are hereby quashed. Miscellaneous applications, if any pending, shall also stand closed. I To, //TRUE COPY// SD/- MOHD. ISMAIL EPUTY REGISTRAR \SECTION OFFICER )

1. The I Additional Junior Civil Judge cum XIX Metropolitan Magistrate, Malkajgiri, Medchal Malkajgiri District.

2. The Station House Officer, Neredmet Police Station, Rachakonda, Medchal Malkajgiri District.

3. One CC to Sri. M Rathan Singh, Advocate [OPUC] 4. One CC to Sri. P.Ruthvik,, Advocate [OPUC] 5. One CC to the Public Prosecutor, High Court for the State of Telangana, Hyderabad [OUT]

6. Two CD Copies PSK/gh I I I 1 I l I I I I I I i i i I I I I l I I I t_ HIGH Court DATED:2410312025 ORDER CRLP.No.16007 of 2024 1 HE S 14 ,(. c''r. t I 2l Jur{ 2p5 $ > t

05. .gp^TCH r r) ': q h I ,l 3 ALLOWED THE CRIMINAL PETITION