ORDER:

This Criminal Petition is filed under Section 528 of Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’) to quash the proceedings against the petitioner in FIR No.60 of 2025 of Sultanabad Police Station, Ramagundam District, registered for the offences punishable under Sections 329(3), 324(4), 308(5), 351(2) r/w.3 (5) of Bharatiya Nagarik Sanhita, 2023 (for short ‘BNS’).

2. The facts of the case are that the defacto complainant-2nd respondent lodged a report before police stating that in the land admeasuring Ac.1.34 guntas at the outskirts of Sultanabad one Yellamma Temple is constructed. Since long time, the petitioner-A.1 and A.2 are quarreling with the members of their community alleging that they are having Ac.0.09 guntas of land in Ac.1.34 guntas which was given by his father. Earlier they have also filed petitions to the officials and the land was measured with the help of surveyor, wherein it was found that the Ac.0.09 guntas belongs to temple only, thereafter, they constructed a compound wall. Since then, A.1 and A.2 are claiming the land and also demanded Rs.10 Lakhs and if the said amount is not given, they would not leave the land and also restrained the defacto complainant and others from entering into the said land and threatened to kill them. On 27.02.2025 in the mid night at about 12.30 hours, A.1 dismantled the compound wall with the JCB. As such, requested the police to take necessary action. Basing on the said complaint, police registered the case against the accused for the said offences.

3. Heard Sri P.Shashidhar Reddy, learned counsel for the petitioner and Sri D. Arun Kumar, learned Additional Public Prosecutor appearing for the 1^st respondent-State.

4. The contention of learned counsel for the petitioner is that leave apart other offences, there are no ingredients to constitute the offence under Section 308 (5) of BNS. There is no delivery of property in view of threatens given by the accused. The ingredients itself shows that the accused demanded amount to leave the land, but there is no extortion to deliver the property. As such, requested the Court to quash the proceedings against the petitioner to the extent of the offence under Section 308 (5)

of BNS.

5. On the other hand, learned Additional Public Prosecutor would submit that the ingredients of the offence shows that the accused dismantled the compound wall and claiming the land as their own land, but there is no such averment in the complaint to constitute the offence under Section 308 (5) of BNS.

6. Considering the submissions made by both the counsel and the material on record, the allegations against the petitioner and other accused is that they are claiming temple land as their own land to the extent of Ac.0.09 guntas and also threatened the defacto complainant and others to pay Rs.10 Lakhs to leave the said land, but there are no such averments to constitute the offence under Section 308 (5) of BNS to show that basing on the threat the defacto complainant delivered the property in favour of accused. As such, this Court deems it fit to quash the proceedings against the petitioner in FIR No.60 of 2025 to the extent of offence under Section 308 (5) of BNS.

7. Accordingly, the Criminal Petition is partly allowed quashing the proceedings to the extent of offence under Section 308(5) of BNS in FIR.No.60 of 2025 of Masab Tank Police Station, against the petitioner.

Miscellaneous petitions, if any, pending shall stand closed.

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K. SUJANA, J Date :23.04.2025 Rds THE HON’BLE SMT. JUSTICE K. SUJANA CRIMINAL PETITION NO.3929 OF 2025 DATE : 23.04.2025 Rds