THE HON’BLE SMT. JUSTICE K. SUJANA CRIMINAL PETITION NOs.9138, 9139 AND 9142 OF 2021

COMMON ORDER :

Crl.P.No.9138 of 2021 is filed by the petitioners/accused Nos.2, 3, 5 and 6, Crl.P.No.9139 of 2021 is filed by the petitioners/accused Nos.1, 7, 9 and 10 and Crl.P.No.9142 of 2021 is filed by the petitioner/accused No.8 to quash the proceedings against them in Crime No.430 of 2021 of Begumpet Police Station. The offences registered against the petitioners are under Sections 120b, 447, 427, 506 r/w.section 34 of Indian Penal Code (for short ‘I.P.C’) and under Section 3 (1) (s) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Amendment Act, 2015 (for short ‘SC/ST Act’).

2. The facts of the case are that on 22.11.2021 the de facto complainant-2^nd respondent filed a complaint before the police P.S.Begumpet, stating that petitioners/accused and their henchmen trespassed into his property and damaged the boundary lines, threatened and abused him in his caste name. It is stated that the 2^nd respondent is the owner and developer of land admeasuring Ac.2.20 guntas situated in Sy.No.194/8/1 of Begumpet (V), Balanagar (M), Medchal-Malkajgiri District. He entered into a registered development-cum-GPA in respect of the said land. The survey and demarcation of said land was also conducted by the MRO, Balanagar, on the direction of the Court in the year 2013 and before conducting survey, notices were also issued to the adjacent owners of the land and police are also present at the time of survey in order to avoid unnecessary intervention by the third parties. The MRO along with Mandal Surveyor fixed the boundaries for the above land and accordingly, tin sheets boundary walls were built and erected, panchanama and sketch plan was also prepared. It is also stated that Municipal taxes and electricity charges are paid regularly. Earlier petitioners demolished the compound wall and pucca houses, and 2^nd respondent reconstructed the same. It is also stated that V.Sumithra Reddy and V.Rajgopal Reddy filed W.P.No.29848 of 2021, wherein this Court granted status quo order. Inspite of the said order, petitioners illegally entered into his property and attempted to occupy the same, caused damage to the tin sheets compound walls with JCBs, assaulted him, abused him and threatened him with dire consequences. It is also stated that there are other criminal cases registered against the petitioners vide Cr.Nos.82 of 2021 and 345 of 2021 of P.S.Begumpet. Further, Sumithra Reddy and Rajgopal Reddy are not the owners of any part of land in Sy.No.28 and he got 38-A certificate from Revenue authorities and the same is confirmed. The petitioners are trying to grab his property and requested to take action against the petitioners. Basing on the said complaint, the police registered the case for the above offences.

3. Heard Sri Dharmesh D.J.Jaiswal, learned counsel for the petitioners in Crl.P.No.9138 of 2021, Sri G.V.Sahith, learned counsel for the petitioners in Crl.P.No.9139 of 2021, Sri V.Ramchander Goud, learned counsel for the petitioner in Crl.P.No.9142 of 2021, Sri D.Arun Kumar, learned Additional Public Prosecutor appearing for respondent No.1-State and Sri Peri Prabhakar, learned counsel appearing for the 2nd respondent in Crl.P.Nos.9138 and 9142 of 2021.

4. The contention of learned counsel for the petitioners in Crl.P.No.9139 of 2021 is that complaint was registered only to harass the petitioners. The averments in the complaint is that inspite of having knowledge of the order passed in W.P.No.7291 of 2020, in violation of the same, petitioners entered into the 2^nd respondent’s land, is not correct. Petitioner/A.1 is the partner of M/s.Shantha Sriram Constructions Private Limited. The said company is a partner of M/s.NSA Developers LLP. Petitioners/accused Nos.9 and 10 are partners in M/s.NSA Developers LLP, which entered into a registered Development Agreement-cum-GPA with the original owner Mohd.Rahmat Khan (A.4) and his family m