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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
| Table of Content |
|---|
| 1. factual background involves property disputes and complaints. (Para 3) |
| 2. petitioner argues false implication in property claims. (Para 4) |
| 3. respondent contends rightful ownership through gpa. (Para 5) |
| 4. court examines ownership claims and allegations of dishonesty. (Para 6 , 8 , 9) |
| 5. civil suits do not bar criminal proceedings. (Para 10 , 11) |
| 6. court emphasizes the need for criminal intent in property disputes. (Para 12 , 13) |
| 7. supreme court principles on criminal and civil proceedings. (Para 14 , 15) |
| 8. inherent powers under section 482 must not be abused. (Para 16) |
| 9. court declines to quash proceedings against the petitioner. (Para 17) |
| 10. criminal petition dismissed with terms. (Para 18) |
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,
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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