THE HONOURABLE SMT.JUSTICE TIRUMALA DEVI EADA

ORDER:

This Criminal Petition is filed by the petitioner-accused No.1 seeking to quash the proceedings in Crime No.296 of 2025 on the file of Balanagar Police Station, Cyberabad, registered for the offences under Sections 447, 419, 420, 466, 467, 468, 471 and 120B IPC.

2. Heard Sri L. Srinivas Patel, learned counsel for the petitioner and Sri Jithender Rao Veeramalla, learned Additional Public Prosecutor for the respondent No.1-State.

3. Learned Counsel for the petitioner has submitted that the petitioner is facing false allegations of trespass and forgery and that the petitioner has purchased the subject property through a registered sale deed executed by the de facto complainant in 2012 and got constructed a house ten years ago and now he is facing allegation of trespass into the said property. He further submitted that the owner cannot be alleged to be a trespasser into his own house and therefore, prayed to quash the proceedings.

4. The learned Additional Public Prosecutor has submitted that the de facto complainant is denying execution of the document in 2012, and alleged that he never executed any document, and that the same is a created one. He further submitted that the investigation is still in progress and hence, prayed to dismiss the petition.

5. Perused the record.

6. The allegations prima facie point out the offences under Sections 447, 419, 420, 466, 467, 468, 471 and 120B IPC against the petitioner. The learned counsel for the petitioner contended that the matter is purely of civil nature and that initiating criminal proceedings is not proper and hence they should not be continued. But, in the present case, the prime allegation is with regard to forgery. Though, the matter is of civil nature, once there is an element of criminality, the criminal proceedings cannot be quashed as was held in Kathyayini v. Sidharth P.S. Reddy & ors, 2025 LiveLaw (SC) 712. The de facto complainant denies execution of the document and alleges that it is a forged one, while the petitioner relies upon the same document as genuine. The truth is yet to be unraveled. The

investigation is in its nascent stage. There are no merits in the present petition and hence, the same is liable to be dismissed.

7. Accordingly the criminal petition is dismissed.

Miscellaneous Petitions, if any pending, shall stand closed.

____________________________ JUSTICE TIRUMALA DEVI EADA November 03, 2025 KTL