ORAL ORDER

Heard Mr. Dontireddy Venkat Reddy, learned Senior Counsel representing M/s RVR Associates, learned counsel for the petitioners and learned Assistant Public Prosecutor, appearing for respondents.

2. This Criminal Petition is filed by the petitioners under Section – 528 of the Bharatiya Nagarik Suraksha Sanhita (for Short ‘BNSS’) to quash Cr.No.240 of 2024 dated 13.04.2024 pending on the file of Janagaon Police Station, Warangal District against the petitioners/accused Nos.1 and 2 for the offences punishable under Sections 447, 427 and 506 read with 34 of IPC

3. The allegations levelled against the petitioners herein are that 2^nd respondent/defacto complainant is having land to an extent of Ac.5.27 guntas in Sy.No.214 situated at the outskirts of Chitakondur Village. A.1, Ex-MLA, is the adjacent land owner which he purchased from A.2. There is no approach road to the said land. So the petitioners herein, in the absence of 2^nd respondent, criminally trespassed into the land of 2^nd respondent, poured some soil and levelled the road to their land without any permission. On noticing the said incident, workers of 2^nd respondent informed the same to 2^nd respondent over phone. Then, 2^nd respondent asked them to stop the said work as there is no approach way to their land from his land. On 09.12.2023, A.2 came to his house and asked him to give his land for laying road for which he will get funds from government. A.1 also threatened 2^nd respondent that if he refuses, he would get a criminal case be registered against him. Again on 19.02.2023, A.1 threatened mother of 2^nd respondent stating that he will file a case if she did not heed his words. On the same day evening, A.1 took away the JCB of 2^nd respondent from his land and got filed a false case by A.2 against him stating that 2^nd respondent is removing the government road with JCB. In the said case, JCB was seized and produced before the Court. Due to the said illegal acts of A.1, 2^nd respondent did not get his passport renewed and go to USA. Just because of not giving a way to A.1, A.1 and A.2 filed a false case against 2^nd respondent, threatened his mother and prevented him going to USA. Therefore, he sought necessary action against the petitioners herein/A.1 and A.2.

4. Learned Senior Counsel appearing for petitioners would contend that 1^st petitioner is a public representative and 2^nd respondent dragged the 1^st petitioner into the present litigation. There is no specific allegation against the petitioners herein. The contents of the complaint lacks ingredients of the offences alleged against the petitioners in Cr.No.240 of 2024. The Investigating Officer in the subject crime has completed investigation and laid charge sheet against the petitioners herein on 13.04.2024 itself. Cr.No.798 of 2023 was registered against 2^nd respondent and others on the complaint lodged by A.2 herein. The 2^nd respondent filed a criminal petition under Section 482 of Cr.P.C. to quash the proceedings in Cr.No.798 of 2023. This Court disposed of the said Criminal Petition directing the Investigating Officer to complete investigation.

5. Whereas, learned Asst.Public Prosecutor, on instructions, would submit that the Investigating Officer has recorded the statements of six witnesses in the present crime and the Investigating Officer has addressed a letter dated 15.04.2024 to the Tahsildar, Jangaon with a request to furnish the following information:-

1. Whether any Pathway or road (Naksha Bata) to the Sy.No.39 through the Sy.No.214, if any pathway or road exist, provide the certified copies of Naksha bata, 2. As the said survey numbers are the boundaries of two villages so clarify whether any pathway or road between them with proper evidence, for the purpose of investigation.

On receipt of the said information, the Investigating Officer will complete the investigation and file final report.

6. Thus, Prima facie, there are specific allegations against both the petitioners herein. According to the comp