Criminal proceedings arising out of essentially civil property disputes, which fail to establish the necessary statutory ingredients of the alleged penal offences, constitute an abuse of process and are liable to be quashed under Section 482 of the Cr.P.C.

ORDER:

This Criminal Petition has been filed under Section 482 of the Code of Criminal Procedure, 1973 (for short, ‘Cr.P.C.’) by the petitioners, who were arrayed as accused Nos.1 to 4, seeking to quash the proceedings in S.C. Spl.No.227 of 2022 on the file of the Special Sessions Judge for Trial of SC/ST (POA) Act Cases-cum-Additional Sessions Judge Court at Nalgonda (hereinafter referred to as ‘the trial Court’ for brevity).

2. Heard Mr.Tarun G. Reddy, learned counsel for the petitioners, Mr.M.Vivekananda Reddy, learned Assistant Public Prosecutor, appearing on behalf of respondent No.1-State and Mr.K.Buchi Babu, learned counsel, representing Mr.Polakatla Babu Rao, learned counsel for respondent No.2.

3. Brief facts of the case:

3.1. On 02.09.2022, respondent No.2 lodged a written complaint at Kodad Town Police Station, wherein he stated that the Government had alienated a vacant land admeasuring 240 square yards in Sy.No.360 of Thamarabandapalem Village, Kodad Town, in the year 1998, under the quota for poor scheduled caste artists. Since then, he has been in peaceful possession of the said land and had constructed a small room with stone boundaries and on 09.06.2022 at about 14:30 hours, petitioner Nos.1 to 4 herein, criminally trespassed into his land, picked up a quarrel with him, abused him in derogatory caste-based filthy language, and threatened him with dire consequences. Further on 18.06.2022, while he was working at the said land, the police of Kodad Town took him to the station, where the Circle Inspector of Police and Sub-Inspector of Police instructed him not to enter the land until further orders. During the night of the same day, the petitioners allegedly damaged his room, fencing, and construction materials and caused loss to a tune of Rs.2,00,000/-. Basing on the above said complaint, Crime No.320 of 2022 was registered on 02.09.2022 for the offences punishable under Sections 448, 427, 504 and 506 r/w 34 of the Indian Penal Code, 1860 (for short ‘the IPC’) and Sections 3(1)(r)(s) and 3(2)(va) of the SCs/STs (POA) Amendment Act, 2015 (for short ‘the Act’). The Investigating Officer after conducting investigation filed final report for the offences under Sections 427, 504 and 506 r/w 34 of the IPC and Sections 3(1)(r)(s) and 3(2)(va) of the Act.

4. Submissions of learned counsel for the petitioners:

4.1 Learned counsel submitted that the petitioners have not committed any offence and they have not abused respondent No.2 in the name of his caste and he has falsely implicated the petitioners as accused Nos.1 to 4 with an intention to resolve the civil disputes, which are pending between him and accused No.1 and others before civil Court. He further submitted that even according to the complaint, the alleged offence has taken place on 09.06.2022 and 18.06.2022, whereas, respondent No.2 lodged the complaint on 02.09.2022 after lapse of more than two months, without giving any reasons for the said delay. He also submitted that even according to the allegations made in the complaint and charge sheet, the ingredients for the offences levelled against the petitioners do not attract.

4.2 He further submitted that accused No.1 is owner and possessor of the land admeasuring 0-10 guntas in Sy.No.361, 0-21 guntas in Sy.No.364, 145 square yards in Sy.No.360, 399 square yards in Sy.No.364, 242.66 square yards in Sy.No.361/A along with open house plots bearing Nos.6-14 and 7-112 in Kodad Mandal and the s