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IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD
J.SREENIVAS RAO
Madireddy Malla Reddy, S/o. Late Bal Reddy – Appellant
Versus
State of Telangana, Rep. by its Public Prosecutor – Respondent
ORDER :
J. SREENIVAS RAO, J.
This Criminal Petition has been filed under Section 482 of the Code of Criminal Procedure, 1973, by the petitioners/accused Nos.1 to 3 seeking to quash the proceedings in C.C.No.660 of 2019 on the file of the Additional Judicial First Class Magistrate, Gajwel, registered for the offences punishable under Sections 447 and 506 read with 34 of the Indian Penal Code, 1860 (for short, ‘the IPC’).
2. Brief facts of the case:
Respondent No.2/de facto complainant lodged a complaint on 24.07.2019 stating that she had purchased agricultural land admeasuring Ac.11.08 guntas in Sy. Nos. 464, 465 and 469, situated at the outskirts of Itikyala Village, Jagadevpur Mandal, through a registered GPA, after paying the entire sale consideration, and that she was inducted into possession. She claimed to be in continuous possession and had erected boundary pillars to prevent trespass and encroachment. She alleged that on 21.07.2019, the petitioners, along with about ten antisocial elements, unlawfully entered her land and erected a board, and threatened her with physical harm if she attempted to enter the land. She further stated that earlier, on 02.04.2019, the said petitioners
The existence of civil proceedings does not preclude criminal prosecution when allegations disclose cognizable offences, affirming the concurrent nature of civil and criminal jurisdictions.
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 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 quash criminal proceedings under inherent powers if the allegations stem from a civil dispute and fail to establish a prima facie case for the alleged criminal offences.
The main legal point established in the judgment is the principle that the continuation of criminal proceedings would amount to an abuse of process of the Court, especially in the presence of pending....
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.
Point of law : In the, exercise of this. whole some power, the High Court is entitled to quash a proceeding if it comes to the conclusion that allowing the proceeding to continue would be an abuse of....
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