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IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD
J.SREENIVAS RAO
Mellacheruvu Aruna Kumari – Appellant
Versus
State of Telangana – Respondent
| Table of Content |
|---|
| 1. background of land dispute and accusations. (Para 1 , 2) |
| 2. petitioners assert false implications and prior ownership. (Para 4) |
| 3. prosecution argues necessity of trial. (Para 5) |
| 4. analysis of previous judgments related to property disputes. (Para 6 , 7) |
| 5. supreme court principles on misuse of criminal proceedings. (Para 8 , 9) |
| 6. conclusion on abuse of process of law. (Para 10) |
| 7. final order quashing criminal proceedings. (Para 11) |
ORDER :
1. This Criminal Petition has been filed seeking to quash the proceedings in C.C.No.803 of 2021 on the file of III Additional Judicial First Class Magistrate at Khammam, wherein the petitioners were arrayed as accused No.1 and 2 for the offences punishable under Sections 447, 427, 506 read with 34 of the Indian Penal Code (for short ‘IPC’).
2. Brief Facts of the case:
2.1. Respondent No.2/de-facto complainant filed a complaint wherein it is stated that he has Ac.4.05 cents of agricultural land in Survey No.349/A/1, situated within the limits of Raghunadhapalem revenue village; on 08.02.2019, in the morning hours at about 9:00 A.M., Mellacheruvu Aruna Kumari W/o Venkatramaiah and Miriyala Radhalatha, the petitioners herein, along with
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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