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IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD
J. SREENIVAS RAO
D.Bhaskara Rao S/o D.Thoudu – Appellant
Versus
State of Telangana – Respondent
ORDER :
J. SREENIVAS RAO, J.
This Criminal Petition has been filed under Section 482 of the Code of Criminal Procedure, 1973 (for short, ‘Cr.P.C.’) by the petitioner/accused No.1, seeking to quash the proceedings in C.C. No.2654 of 2022 on the file of the XIV Additional Metropolitan Magistrate, Cyberabad, Ranga Reddy District at Rajendranagar.
2. Heard Mr.S.Ram Reddy, learned counsel for the petitioner, Mr.Goverdhan Venu, learned counsel, representing M/s Nomos Vistas The Lawyers, appearing for respondent No.2 and Mr.M.Vivekananda Reddy, learned Assistant Public Prosecutor, appearing on behalf of respondent No.1.
3. Brief facts of the case:
3.1. That on 18.05.2022, the de-facto complainant/respondent No.2 lodged a complaint alleging that he purchased a Plot No.379 in Sy.No.529 to an extent of 200 square yards on his wife's name in New Green City, Budvel vide Sale Deed No.1392 of 1997, SRO, Rajendranagar in the year 1997. Thereafter, he obtained LRS proceedings No.LRS/1575/CR-6/GHMC/2008, dt.05.09.2008, and is in peaceful possession and constructed a compound wall. On 23.08.2018, D.Bhaskara Rao, who is the petitioner/accused No.1 sent a Court notice to him through Advocate Pinnu Nagara
The court ruled that ongoing civil litigation does not preclude criminal prosecutions where sufficient evidence indicates dishonest intent constituting an offence under Section 420 IPC.
The presence of civil proceedings does not negate the possibility of criminal prosecution where allegations indicate criminal intent and actions, confirming that criminal and civil cases may proceed ....
The court can exercise its inherent jurisdiction under Sec. 482 Cr.P.C to quash criminal proceedings if they amount to an abuse of the process of the court or if quashing the proceedings would serve ....
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