THE HON’BLE SMT. JUSTICE TIRUMALA DEVI EADA CRIMINAL PETITION No.2159 OF 2025

ORDER:

This Criminal Petition is filed by the petitioner – accused seeking to quash the proceedings in C.C.No.936 of 2021 on the file of the learned XVIII Additional Chief Judicial Magistrate, Secunderabad, registered for the offences under Sections 447, 427 of the Indian Penal Code (for short “IPC”) and Section 3 of the Prevention of Damage to Public Property Act, 1984 (for short ‘PDPP Act’).

2. Heard the submissions of Sri G. Ashok Reddy, learned counsel for the petitioner and Sri Jithender Rao Veeramalla, learned Additional Public Prosecutor for respondent No.1 – State.

3. The learned petitioner counsel has submitted that the petitioner is a pattedar and that he has not encroached any Government land. He further submitted that it is already held in LGC.No.167 of 1997 and batch that the Government holds land only in Sy.No.74/1 and all other sub-survey numbers 74/2 to 74/10 pertain to the private pattedars. He further submitted that this High Court has also held in I.A.No.1 of 2020 in W.P.No.9707 of 2020 that the Harinam Prachar Samithi is patttedar of land in Sy.No.74/10 and that the official respondents are restrained from interfering with the peaceful possession and enjoyment over the land in Sy.No.74/10 admeasuring Ac.1.23 guntas, the said writ petition was filed by Harina Prachar Samithi. He further submitted that in Crl.P.No.2543 of 2021, a Coordinate Bench of this High Court has quashed the proceedings against the petitioners therein, who were facing similar allegations as that in the present case. In the said case, the proceedings were pending vide C.C.No.988 of 2021 against the petitioners and the offences alleged against them were under Section 148 read with 149 and 427 of IPC and section 3 of PDPP Act. It was alleged by the Tahasildar of Marredpally division that public toilets were demolished in the land, which is subject matter of W.P.No.9707 of 2020 filed by the members of Hari Nam Prachar Samithi and that the society was claiming it to be their property. Thus, in the said case it was held by a Coordinate Bench of this High Court that, since it is held already under W.P.No.9707 of 2020 that the land in question is a private patta land, the possession of Hari Nam Prachar Samithi cannot be interfered with by the Revenue authorities. It is alleged in the said case that taking advantage of the orders passed by this Court in W.P.No.9707 of

2020, members of Hari Nam Prachar Samithi formed into an unlawful assembly and demolished the public toilets as well as premises of Skill Development Center on 09.02.2021 and thereby violated the orders of the High Court and have also erected a tin shed and an Idol of Lord Krishna was installed. The CRLP.No.2543 of 2021 was allowed by quashing the proceedings against the petitioners holding that since the land is held to be a patta land, the allegation that they encroached into the Government land is false and even if the members of Hari Nam Prachar Samithi entered into the land, it would be their own land and hence, it would not amount to any trespass. It has further held that the land is not a public property as defined under Section 2(b) of the PDPP Act, therefore the said section also does not get attracted, by holding so the proceedings were quashed.

4. The petitioner counsel submitted that in the present case also the allegations are similar to those raised in CRLP.No.2543 of 2021 and the date of complaint is also same i.e., 09.02.2021 alleging that these petitioner have demolished the public toilets and also the premises of Skill Development Center and that they have trespassed into the Government land and have erected a tin shed and installed an idol of Goddess Yellamma. Therefore, similar orders as in CrLP.No.2543 of 2021 need to be passed in this case also.

5. The learned Additional Public Prosecutor has submitted that the sale deed filed by the petitioner herein shows that the petitioner is the ow