K. SURENDER
B. Rudramma – Appellant
Versus
State of Telangana – Respondent
| Table of Content |
|---|
| 1. ownership dispute over property (Para 1 , 2 , 3 , 4 , 5) |
| 2. petitioners claim rightful ownership (Para 6 , 7 , 8) |
| 3. criminal vs civil jurisdiction on property rights (Para 9 , 10 , 11 , 12 , 13) |
| 4. quashing of proceedings against petitioners (Para 14 , 15) |
ORDER :
1. This Criminal Petition is filed to quash the proceedings against the petitioners/Accused 1 to 4 in C.C. No. 4429 of 2021 on the file of III Metropolitan Magistrate, Cyberabad at L.B. Nagar for the offences under Sections 420 , 441, 447, 427, 506 r/w 120-B of IPC.
2. The grievance of the 2nd respondent is that he had purchased open plots in Sy. No. 8 and 9, situated at Chengicherla village and Gram Panchayat, Ghatkesar Mandal, Ranga Reddy District from R. Satyanarayana on 12.05.2014 by way of registered sale document. Further the plots originally belonged to one Smt. Bharathi Rao. The Land Reforms Tribunal vide C.C. No. 1627/E/75 declared that she is the holder of land admeasuring Acs. 8.09 guntas.
3. The 2nd respondent visited the plots and he found that one Srinivas Goud (A4) illegally encroached upon the plots by constructing a wall and gate was also erected. When questioned, the said Srinivas Goud (A4)
Allegations of forgery and cheating under IPC Sections 467, 468, and 420 were not substantiated, necessitating resolution of boundary disputes in civil court.
Criminal proceedings cannot be used to settle civil disputes when the civil court has already made decisions on the matter.
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