2025 Supreme(Online)(Tel) 22268
IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD
THE HONOURABLE SMT JUSTICE TIRUMALA DEVI EADA
Kotha Shiva Kumar – Appellant
Versus
The State of Telangana – Respondent
CRLP 14571/2025
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IN THE HIGH COURT FOR THE STATE OF TELANGANA
AT HYDERABAD
THE HON'BLE SMT. JUSTICE TIRUMALA DEVI EADA
CRIMINAL PETITION No.14571 OF 2025
DATE: 30-12-2025
Between:
Kotha Shiva Kumar
… Petitioner
And
The State of Telangana,
rep. by the Public Prosecutor through
Talakondapally Police Station,
Ranga Reddy District, Hyderabad,
High Court of Telangana,
Hyderabad and another
... Respondents
ORDER:
This Criminal Petition is filed by the petitioner-accused No.2
seeking to quash the proceedings against him in C.C.No.605 of
2022 on the file of learned Judicial Magistrate of First Class,
Amangal, Ranga Reddy District, registered for the offences under
Sections 417, 420, 341 and 504 read with 34 I.P.C.
2. Heard Sri Gummadavelly Venkateshwarlu, learned counsel
for the petitioner and Sri Jithender Rao Veeramalla, learned
Additional Public Prosecutor for respondent No.1-State.
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Crl.P.No.14571 of 2025
3. Learned counsel for the petitioner submitted that the
petitioner is facing false allegations and that he never caused any
obstruction to respondent No.2-de facto complainant nor he
threatened or beaten the de facto complainant, but the present
complaint is lodged just to harass the petitioner herein. He,
therefore, prayed to quash the proceedings in the present C.C.
against the petitioner herein.
4. Learned Additional Public Prosecutor submitted that the de
facto complainant has purchased land from accused No.1 and
that accused No.1 has subsequently gifted the same land to the
petitioner and they are not allowing the de facto complainant to
enter into the land. Therefore, he prayed to dismiss the Criminal
Petition.
5. Perused the record.
6. Accused No.1 is the father of the petitioner-accused No.2.
The de facto complainant purchased land to an extent of Ac.2-00
from accused No.1 in the year 2011. Subsequently, when he
applied for mutation, he came to know that accused No.1 has
gifted the same land to the petitioner, though it was already sold
to the de facto complainant. When the de facto complainant went
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Crl.P.No.14571 of 2025
to his land, accused No.1 and the petitioner restrained him and
abused him in filthy language. Thus, the allegations prima facie
point out the offences alleged against the petitioner herein. The
petitioner’s counsel contends that the petitioner has not
committed any such acts as alleged, but the truth or otherwise in
the allegations shall be made out during the course of trial.
Hence, it is deemed appropriate to dispose of the Criminal
Petition by dispensing with the attendance of the petitioner before
the trial Court.
7. Accordingly, the Criminal Petition is disposed of dispensing
with the attendance of the petitioner before the trial Court
provided he is represented by a counsel before the trial Court on
every date of hearing and shall appear before the trial Court
whenever his presence is required during the course of trial.
Miscellaneous Petitions pending, if any, shall stand closed.
____________________________
JUSTICE TIRUMALA DEVI EADA
Date: 30.12.2025.
MD