Court ruled against premature quashing of criminal proceedings, affirming the importance of allowing trials to proceed for thorough examination of evidence.

COMMON ORDER:

Criminal Petition No.1589 of 2021 is filed under Section

482 of Cr.P.C. seeking to quash the proceedings against petitioners/accused Nos. 11 and 12 in C.C.No.654 of 2020 on the file of the learned XXIV Additional Metropolitan Magistrate, at Hayathnagar (for short, “the trial Court”) for the offences punishable under Sections 420, 465, 468, 471, 447, 427, 120(B)

r/w 34 of I.P.C. and pass such other order or orders.

2. Criminal Petition No.3510 of 2021 is filed under Section 482 of Cr.P.C. seeking to quash the proceedings against petitioners/accused Nos.7 and 8 in C.C.No.654 of 2020 on the file of the trial Court for the offences punishable under Sections 420, 465, 468, 471, 447, 427, 120(B) r/w 34 of I.P.C. and pass such other order or orders.

For the sake of convenience, both the Criminal Petitions are heard together and disposed of by way of a common order.

3. Heard Mr.Malipeddi Srinivas Reddy, learned counsel for the petitioners and Mr.E.Ganesh, learned Assistant Public Prosecutor appearing for respondent No.2-State.

4. The brief facts of the case are that on 13.09.2018 at 10:00 hours respondent No.1/de facto complainant filed a complaint stating that she got married in the year 2002; that prior to her marriage, she along with her family, resided near Sushma theatre and that they were two female children to their parents; that, her father Sri Maddukuri Venkateshwar Rao has expired in the year 2004 due to ill-health; that during the year, 2007 she and her sister Padmalatha shared the property; that one land situated in Sy.No.281 Part admeasuring 5951 Sq.yards at Udaya Sai Nagar Colony, Bagh Hayathnagar got to her share; that the said property was registered on 11.04.2007 through Released Deeds vide Document Nos.4039/2007, 4040/2007, 4041/2007, 4042/2007 and 4045/2007; thereafter they have constructed compound wall surrounding her land and also erected the gate; that from then, she and her husband Krishna Prasad were in peaceful possession of the land; that they have appointed a watchman by name Ravinder Reddy to the said land; that whileso, on 12/13.09.2018 at 02:00 hours, their watchman Ravinder Reddy called her over phone and informed them that some persons came to their land along with JCB and damaged the compound wall, gate and criminally trespassed into the land. It is stated that respondent No.1 had informed the watchman to enquire about their names and J.C.B. number and send them away from the land. The watchman informed that there are (1) female and (07) male persons among the persons who trespassed into the land. Then, the complainant informed him to give the phone to that lady and talked with her over phone for which, the lady revealed her name as Kotagiri Usharani and stated that the land belongs to them; that they have purchased the land from one Siraj, Samad, Ghouse, Abdul Khadar through the mediation of one Kumar Swamy and Reddy; that they are levelling the land, for which, the complainant informed her to stop the work; that on 13.09.2018 at 08:11 hours, the complainant along with her husband came to their land and noticed that some part of compound wall was damaged through JCB bearing No.AP29 BT 8646; that on enquiry, she came to know that her father Venkateshwara Rao has purchased the said land from one Syed Omer in the year 1988 and 1994; thereafter the family members of said Syed Omer i.e., Siraj, Samad, Ghouse in collusion with Usharani, Kumari Swamy and Reddy, with an evil intention to grab the land, created forged documents