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IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD
J.Sreenivas Rao
Chinna Bandyala Bal Reddy – Appellant
Versus
State of Telangana – Respondent
| Table of Content |
|---|
| 1. petitioners seek to quash criminal proceedings. (Para 1 , 6) |
| 2. dispute over land rights is civil in nature. (Para 3 , 4) |
| 3. counterarguments contest petitioners' claims. (Para 5) |
| 4. criminal proceedings are misuse of law in civil dispute. (Para 8 , 9) |
| 5. proceedings quashed as abuse of process. (Para 10 , 11) |
ORDER :
J. Sreenivas Rao, J.
Crl.P.Nos.7410 and 8989 of 2023 are filed seeking to quash the proceedings in C.C.Nos.58 and 56 of 2021, on the file of the Judicial First Class Magistrate, Jadcherla, wherein the petitioners were arrayed as accused Nos.1 and 2 for the offences punishable under Sections 447, 427, 504 and 506 r/w 34 of the Indian Penal Code, 1860 (for short, ‘IPC’) and Crl.P.No.7476 of 2023 is filed seeking to quash the proceedings in C.C.No.313 of 2020, on the file of the Judicial First Class Magistrate, Jadcherla, wherein the petitioner was arrayed as sole accused for the offences punishable under Sections 447, 341, 504 and 506 r/w 34 of the IPC. Hence, all these cases are clubbed together and disposed by way of common order.
2. Heard Ms.D.Harshitha, learned counsel, representing Chandrasen Law Offices, appearing on behalf of petitioners, Mr.M.Vivekana
When allegations of criminal trespass arise from a property dispute already subject to civil proceedings, such allegations cannot stand and are considered an abuse of process.
Criminal proceedings should not continue when allegations pertain to civil disputes, as they can constitute an abuse of the legal process under Section 482 of Cr.P.C.
The existence of civil proceedings does not preclude criminal prosecution when allegations disclose cognizable offences, affirming the concurrent nature of civil and criminal jurisdictions.
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