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K. SUJANA
Vessella Greens – Appellant
Versus
State of Telangana – Respondent
ORDER :
K. Sujana, J.
Since the lis involved in all these criminal petitions is one and the same, they are being heard together and are being decided by way of this common order.
2. These Criminal Petitions are filed under Section 482 of Code of Criminal Procedure, 1973 (for short ‘Cr.P.C.’) to quash the docket order dated 29.01.2024 passed in Criminal Miscellaneous Petition in Crime Nos.194, 217, 218 and 219 of 2022 by the learned XII Additional Chief Metropolitan Magistrate, Nampally, Hyderabad.
3. The brief facts of the case are that the then Government of united Andhra Pradesh on payment of certain premium amounts issued title deeds and patta pass books to 66 farmers i.e., Gunti Narasimha and others are residents of Budwel (village), Rajendranar Mandal and allotted different extent of lands admeasuring Ac.281.00 guntas in Survey Nos.282 to 289 situated as Budwel Village, Rajendranagar Mandal, Ranga Reddy District. In the year 1997, the Revenue Divisional Officer, Chevella, Ranga Reddy District passed an order, dated 19.11.1997, cancelling the pattas granted to 66 pattadars and evicted the encroachers. Questioning the said orders, the said pattadars filed W.P.No.8512 of 2000, and th
The issuance of search warrants requires a clear application of mind by the Magistrate, necessitating justification and adherence to procedural fairness in investigations.
The main legal point established is that the abuse of process of court in the context of land acquisition can lead to the quashing of criminal proceedings.
Allowing criminal proceedings to continue, without there being any criminal element, is not permissible and it amounts to abuse of process of law.
Inherent powers under Section 482 CrPC do not permit quashing proceedings when prima facie evidence of a crime is present, mandating a trial to ascertain truth.
Point of law: when a dispute essentially of a civil nature is given the cloak of criminal offence and if a civil remedy is available, the High Court should not hesitate to quash the criminal proceedi....
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