IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD THE HON’BLE SMT. JUSTICE JUVVADI SRIDEVI CRIMINAL PETITION No.13493 OF 2024

12^TH DECEMBER, 2025 Between:

Kotha Jaipal Reddy. … Petitioner AND The State of Telangana Rep. through Public Prosecutor and 1 other. …Respondents

O R D E R:

This Criminal Petition is filed by the petitioner-accused No.20 to quash the proceedings against him in Crime No.550 of 2024 on the file of Karimnagar II Town police station. The offences alleged against the petitioner are under Sections 318(4), 338, 336(3), 340(2), 308(5), 61(2), 351(3), 3(5) of Bharatiya Nyaya Samhitha (for short ‘BNS’).

2. Heard Sri K.Rajashekar, learned counsel representing on behalf of Mr.Thoom Srinivas, learned counsel for petitioner, Sri T.Sai Chand, learned counsel for the respondent No.2 and Sri M.Ramachandra Reddy, learned Additional Public Prosecutor for the State. Perused the record.

3. The case of the prosecution is that the accused persons in Crime No.550 of 2024 have cheated the complainant by creating false document, used as genuine with criminal conspiracy and common intention in order to grab the land, when the complainant asked the A1, the A1 has extorted the complainant by threatening to cause death if he did not give land for the purpose of developments or demanded amount of Rs.25 lakhs. Hence the respondent No.2 filed the present case for the offences under Section 318(4), 338, 336(3), 340(2), 308(5), 61(2), 351(3), 3(5) of BNS.

4. Learned counsel for petitioner submits that the petitioner has purchased a land from accused No.19, which was acquired by the vendor of the petitioner from the father of the complainant vide document No.5670 of 2022, dt.02.12.2022. After purchase of the land, subsequently petitioner sold the land to A9, A10 and A14 vide document No.4719 of 2023, dt.15.09.2023. While so, de facto complainant filed a suit for declaration of title and perpetual injunction against A4, A5, A6 and A18 vide O.S.No.244 of 2024 on 08.04.2024 and also filed the present FIR No.550 of 2024 on 29.08.2024 against petitioners/accused Nos.1 to 21. Subsequently, Crl.P.No.14101 of 2024 has been filed by the accused Nos.1 to 18 in this crime, wherein the matter was compromised between the parties and proceedings against them are quashed. He further submits that petitioner is neither a party to the civil suit nor he is the owner of the land. In fact the petitioner purchased the land and sold the same to third parties through legally enforceable registered documents. Even assuming the allegations in the complaint are true, the present complaint was made by the de facto complainant is nothing but abuse of process of law by using crime as tool to settle the civil dispute between de facto complainant and other accused persons. The present complaint is lodged only to harass petitioner personally by mentioning his name in the complaint and there is no mention either in the complaint or in the charge sheet as to how the petitioner has cheated the de facto complainant and the relationship between the petitioner and de facto complainant. Petitioner is a frequent traveler to abroad and the petitioner herein travelled to abroad on 16.02.2024 and the present FIR came to be registered on 29.08.2024, which is illegal and arbitrary and he is totally unaware of the said FIR till last week of October. Hence, prays to allow the criminal petition.

5. Learned counsel for the respondent No.2 as well as learned Additional Public Prosecutor for the State submitted that there are specific allegations against the petitioner and the truth or otherwise would come out only after conducting full-fledged trial by the concerned Court below and prayed to dismiss this Criminal Petition.

6. On perusal of the material, it is evident that the petitioner has purchased a land from accused No.19 and sold to third parties, which is very much prior to the lodging of the civil and criminal cases by the de facto complainant against the petitioner along with oth