THE HON’BLE SRI JUSTICE J. SREENIVAS RAO CRIMINAL PETITION No.7061 of 2020

ORDER

This Criminal Petition has been filed seeking to quash the proceedings in C.C.No.325 of 2020 on the file of the XXI Metropolitan Magistrate, Medchal, Rachakonda, Medchal District, wherein the petitioners were arrayed as accused Nos.1 and 3, for the offences punishable under Sections 447 and 427 of the Indian Penal Code, 1860 (for short ‘IPC’).

2. The case of the prosecution in brief is that, on 05.10.2017, the de-facto complainant lodged a complaint stating that the Government owns land to an extent of Ac. 8.20 gts. situated within the limits of Dammaiguda Village, in Sy.No.551, and the accused persons had illegally raised RCC roofed houses, each to an extent of 974 sq. yards, and grabbed the said Government land. Basing on the said complaint, the present crime was registered.

3. Heard Mr.S.Ramesh, learned counsel, representing Mr.P.Shashi Kiran, learned counsel for the petitioners, and Mr.M.Vivekananda Reddy, learned Assistant Public Prosecutor for respondent No.1.

4. Learned counsel for the petitioners submitted that the petitioners have not committed any offence and have been falsely implicated in C.C.No.325 of 2020. He further submitted that petitioner No.1 purchased property to an extent of 114.0 sq.yards through a registered sale deed dated 24.10.2012, vide document No.6493 of 2012, from the rightful owner. Similarly, petitioner No.2 purchased property to an extent of 208.0 sq.yards through a registered sale deed vide document No.3300 of 2013, from the rightful owner, by paying valuable sale consideration. He further submitted that the respective Gram Panchayat had sanctioned and approved a layout about twenty years ago. Pursuant to the said layout, land to an extent of Ac.8.20 gts was converted into residential plots. The vendors of the petitioners had obtained building permissions from the respective Gram Panchayats on 20.02.2015. Thereafter, the petitioners constructed houses and have been residing therein. They have also been paying property tax to the respective Gram Panchayats and are now paying it to the Dammaiguda Municipality. He further submitted that the revenue authorities have not initiated any proceedings under the provisions of the Telangana Land Encroachment Act, 1905, or under any other law. The entire allegations levelled against the petitioners are purely civil in nature, and the ingredients of Sections 447 and 427 IPC are not attracted. Hence, the continuation of criminal proceedings is a clear abuse of the process of law.

5. On the other hand, the learned Assistant Public Prosecutor submitted that the petitioners, without having any manner of right, encroached upon the Government land, occupied the same, and raised constructions. There are specific allegations against the petitioners in the complaint as well as in the charge sheet and the grounds raised by the learned counsel for the petitioners, have to be adjudicated during the course of trial, and therefore, the petitioners are not entitled to seek quashment of the proceedings.

6. Having considered the rival submissions made by the respective parties and after perusal of the material available on record, it reveals that the petitioners are claiming rights over the property to an extent of 114.0 sq.yards and 208.0 sq.yards, respectively, based upon registered sale deeds bearing Nos.6493 of 2012 and 3300 of 2013. The record further discloses that the respective Gram Panchayats granted building permissions in favour of the vendors of the petitioners.

7. According to the learned counsel for the petitioners, the petitioners have constructed houses, and the respective Gram Panchayats allotted H.Nos.6-32/1/58 and 6-32/1/56. The petitioners’ names were mutated in the Gram Panchayat records, and they are now paying property tax to the municipality. Hence, they are bonafide purchasers.

8. Upon perusal of the allegations made in the complaint as well as in the charge sheet, it reveals