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IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD
K. SUJANA
S. Shyam Sunder Goud – Appellant
Versus
State of Telangana – Respondent
| Table of Content |
|---|
| 1. complaint details and allegations against petitioners. (Para 1 , 2) |
| 2. court's observations on the need for trial. (Para 3 , 7) |
| 3. arguments supporting the innocence of the petitioners. (Para 4 , 5 , 6) |
| 4. outcome of the criminal petition. (Para 8) |
ORDER :
K. SUJANA, J.
This Criminal Petition is filed under Section 482 of the Code of Criminal Procedure, 1973 by the petitioners/accused Nos.1, 4 and 5 to quash the proceedings against them in Cr.No.68 of 2021 of Amarchintha Police Station, Wanaparthy District. The offences alleged against them are under Sections 409 , 420, 467, 468, 471, 120-B r/w. Section 34 of INDIAN PENAL CODE (for short the ‘IPC’).
2. The facts of the case are that defacto complainant/2nd respondent gave complaint to the police stating that he purchased agricultural land to an extent of Ac.8.04 guntas in Amarchintha Village, out of which Ac.6.00 was purchased from petitioner No.3, vide registered document No.6961/2009 and he is in exclusive possession of the property. He also planted 350 mango trees and erected fencing around the land. In the year 2019, the 2nd respondent appointed the first petitioner as his GPA holder to look after his properties. On
Serious allegations in criminal cases require a trial, while vague claims against some petitioners may lead to quashing of proceedings.
Criminal proceedings cannot be used to settle civil disputes when the civil court has already made decisions on the matter.
Allegations of forgery and cheating under IPC Sections 467, 468, and 420 were not substantiated, necessitating resolution of boundary disputes in civil court.
At the stage of framing of charge, a roving inquiry into the evidence is not required, and if the facts disclose the existence of ingredients constituting the alleged offences, then the charges may b....
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