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ANDHRA PRADESH HIGH COURT
Kunuru Lakshman, J.
B. Ravinder Reddy and Ors. – Appellants
Versus
S. Vishwanatha Raju and Ors. – Respondents
Criminal Petition No. 1554 of 2021
Decided on 01-04-2021
Indian Penal Code, 1860 – Sections 420, 447, 427 and 506 read with 34 – Criminal Procedure Code, 1973 – Section 482 – Cheating, criminal trespass and criminal intimidation – Common intention – Quashing petition – Only allegation against 1st petitioner is that as per his instructions, 2nd petitioner/accused No. 6 and other accused have criminally trespassed into land of respondent No. 1 along with JCB vehicle – Except that allegation, there is no other allegation against 1st petitioner – There is no allegation against 1st petitioner herein that he has intention to kill 1st respondent – There is also no allegation against 2nd petitioner/A6 that he had intention to kill 1st respondent and accordingly attempted to kill him – Only allegation against 2nd petitioner/A6 is that he has trespassed into said land – Civil disputes are pending between parties – Allowing criminal proceedings to continue, without there being any criminal element, is not permissible and it amounts to abuse of process of law – Contents of complaint lacks ingredients of Section 420 IPC – There is no inducement of 1st respondent by petitioners – Criminal proceedings quashed. (Paras 10, 11, 23, 24 and 25)
Result: Criminal Petition allowed.
ORDER
Kunuru Lakshman, J.—This Criminal Petition, under Section 482 of the code of Criminal Procedure, 1973 (for short, ‘Cr.P.C’), is filed by the petitioners seeking to quash the proceedings against them in Crime No. 175 of 2021 of Narsingi Police Station, Cyberabad Commissionerate. The petitioners are accused Nos. 5 and 6. The offences alleged against them are under Sections 420, 447, 427 and 506 read with 34 I.P.C.
2. As per the complaint, the allegations are as follows:
(a) One Jagannadh Reddy is the pattedar of land admeasuring Ac. 33-00 guntas in Survey No. 885 (old) 696 (new), situated at Janwada Village of Shankarpally Mandal. The said Jagannadh Reddy has executed a General Power of Attorney in favour of one Mr. Ramchandra Singh in respect of the said land of Ac. 33-00 guntas. The said Ramchandra Singh, by virtue of the said General Power of Attorney sold land admeasuring Ac. 4-00 guntas, out of Ac. 33-00 guntas, under a Registered Document bearing No. 15038/1990 to the 1st respondent/complainant. After purchase of the said land, the 1st respondent/complainant has constructed a room in the year 1998 in the said land and used to visit the said land frequently and used to do agricultural activities in the said land. The said Ramchandra Singh sold land admeasuring Ac. 4-00 guntas, in the remaining land, to one S. Shankar through a Registered Document bearing No. 3336 of 1991. In the year 2015, the said Shankar gave the said Ac. 4-00 guntas of land to the 1st respondent/complainant through unregistered working General Power of Attorney.
(b) Accused persons by name Dilip Reddy, Pradeep Reddy, N. Krishna Kumari and Kiran Reddy, legal heirs of the said pattedar Jagannadh Reddy, upon knowing that their father has executed General Power Attorney to Ramchandra Singh vide Document bearing No. 2546 of 1990, with a deceitful intention, after the death of their father Jagannadh Reddy, claiming themselves to be the legal heirs of the said Ac. 33-00 guntas of land, made double registration through Agreement-cum-Sale and General Power of Attorney vide Document bearing No. 6242 of 2005 to Sriven Construction Company and cheated the 1st respondent/complainant. The said Sriven Construction Company, in the year 2007, sold the said land to one Ravinder Reddy i.e., the 1st petitioner/accused No. 5. Accused including the 1st petitioner are residents of Kollur Village, Medak District, and his Manager, Bhaskar Reddy (wrongly mentioned as Bhaskar Rao) the 2nd petitioner/accused No. 6 along with their henchmen are trying to encroach the 1st respondent’s land from the year 2018 and threatened him on several occasions to vacate his land and also damaged the iron walls in the land in the year 2007. The Collectors of Ranga Reddy District and Medak District, have conducted a survey to decide the jurisdiction and demarcation of their respective Districts. The Collector, Ranga Reddy District, in his proceedings dated 05.02.2007, stated that the said land is in the topography of Ranga Reddy District. The Collector also gave No Objection Certificate to the 1st respondent.
(c) It is further alleged that on 20.02.2021 at about 18:30 hours, while the 1st respondent was in the said land, as per the instructions of the 1st petitioner/accused No. 5, his Manager, the 2nd petitioner/accused No. 6, have criminally trespassed into the said land belonging to the 1st respondent/complainant along with JCB vehicle without number plate, driven by one Nagani Srikanth and Tractor bearing No. TS-07-UJ-0915 driven by one C. Vikram Reddy, threatened the 1st respondent/complainant with dire consequences and they have made the complainant to vacate the land and further, they have demolished the room in the land and taken away the agricultural tools. The complainant came back to his land and noticed the damage caused to his land and lodged the present complaint.
(d) On receipt of said complaint, dated 21.02.2021, the police, Narsingi registered a case in Crime No. 175 of 2
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