THE HON’BLE SMT. JUSTICE JUVVADI SRIDEVI CRIMINAL PETITION No.1045 of 2023

ORDER

This Criminal Petition is filed by the petitioners/accused Nos.1 to 4 seeking to quash the proceedings against them in C.C.No.11487 of 2021 on the file of I Additional Chief Metropolitan Magistrate at Hyderabad.

2. The brief facts of the case as per defacto complainant are that he is one of the owners of the ancestral property along with his mother, sister and wife. On information that the accused are having experience in construction, they have entered into a development agreement with accused persons and their team, jointly executed in their favour vide document No.2255 of 2018, dated 29.05.2018. Subsequently he came to know that A2 to A11 are illegally constructing at the site in total violation of the sanction plan, then he approached the Court of law. Despite the Court order, the A2 to A11 in connivance with A1 failed to stop their illegal act of construction and also trying to illegally usurp the property of minor over 160 sq. yards and trespassed into their property with sole intention to proceed with their illegal construction and all the accused threatened them with dire consequences to withdraw the cases against them. Hence he lodged a complaint before the Saifabad Police Station, which was registered as crime No.729 of 2019 for the offences punishable under sections 447, 427, 506 read with 34 of Indian Penal Code.

3. Heard Mr.M.A.K.Mukheed, learned counsel for the petitioners and Ms.U.Nandini, learned counsel representing Mr.G.Srinivas, learned counsel for the respondent No.2 and Smt.S.Madhavi, learned Assistant Public Prosecutor for respondent-State. Perused the record.

4. Learned counsel for the petitioners submits that the petitioner Nos.2 and 3 are the builders and they entered into development agreement to develop the property, with respondent No.2 and his family members, whereas the petitioner No.4 is a student and pursuing his studies. The respondent No.2 after execution of Development Agreement cum General Power of Attorney received huge amount towards advance and handed over the possession of the property. Later the petitioners applied for sanction plan and obtained the plan and started construction over the property. With intention to extract money the respondents lodged a false complaint before the Municipal Corporation to demolish the construction and created hurdles for ongoing smooth construction as per the sanctioned plan.

5. It is further submitted that petitioners herein filed a writ petition and obtained necessary final orders vide W.P.No.24673 of 2019 and construction is going on, at this stage the respondent No.2 filed OP for Arbitration. Respondent No.2 also filed another injunction suit pertaining to other land which is nothing to do with the subject land of the development agreement. The petitioners herein filed W.P.No.18850 of 2021 and this Court had granted injunction order and the petitioners also filed W.P.No.26888 of 2021 where this Court was pleased to direct the electricity authorities to restore the electricity connection. He further submitted that when the entire property is in peaceful possession of the petitioners trespassing and damaging their own property does not arise. The allegations in the complaint are civil in nature which is given a criminal colour and hence the alleged offences do not attract against the petitioners and no offence is made out against the petitioners. Hence prays the Court to quash the proceedings against the petitioners.

6. Learned Assistant Public Prosecutor for the State submitted that there are specific allegations against the petitioners and the truth or otherwise would come out only after conducting trial by the concerned Court and prayed to dismiss this Criminal Petition.

7. A careful perusal of the record reveals that there is no dispute that the petitioners after obtaining the sanction of building permit order for construction, basing on the Development Agreement cum General