THE HONOURABLE SMT. JUSTICE K. SUJANA CRIMINAL PETITION No.3424 of 2025

ORDER:

This Criminal Petition is filed seeking to quash the proceedings against the petitioner/accused No.4 in C.C.No.2881 of 2022 in S.R.No.3962 of 2022 on the file of the learned Judicial Magistrate of First Class, Jangaon, registered for the offences punishable under Sections 420, 447, 427 and 506 read with Section 34 of the Indian Penal Code, 1860 (for short ‘IPC’).

2. The brief facts of the case are that on 19.07.2021 respondent No2/de facto complainant lodged a complaint before the Police stating that he is the registered General Power of Attorney (GPA) holder representing respondent No.3. Respondent No.3 had purchased Plot No.704 measuring 300 square yards out of Survey No.527 (part), situated at Nidigonda Village, Raghunathpally Mandal, Jangaon District. The sale deed was executed by Samala Linga Murthy, acting as GPA holder of the original landowners vide GPA No.18/2009 dated 27.10.2009, and also in his individual capacity. The said sale deed was registered vide Document No.3869/2011 dated 04.07.2011. It was later discovered by the principal that Samala Linga Murthy had deceived him and other plot owners by registering the same land in acres to others even after the cancellation of the GPA. The land was allegedly sold to K.E. Gopu Joseph Praveen Reddy, Gade Raja Reddy, and Gade Aruna, who further alienated the land to several other individuals, including Gajjela Gopal, Yeruva Bala Priyanka, and Yeruva Fatima, thereby creating a fraudulent chain of transactions.

3. Upon becoming aware of the cancellation of the GPA, the Sub-Registrar of Wardhannapet issued a notice to Samala Linga Murthy and recorded an entry in the Encumbrance Certificate (EC) indicating the cancellation of the said document. A criminal case was also registered against Samala Linga Murthy in FIR No.2001 of 2015 dated 24.09.2015. Furthermore, the Sub-Registrar addressed a letter dated 20.08.2015 to the Mandal Revenue Officer (MRO), requesting not to mutate the said property. However, the accused managed to get the mutation done by influencing officials. Subsequently, the original landowners filed an appeal before the Revenue Divisional Officer (RDO), and orders were passed in their favor vide Appeal Nos.1/3379/2016 and 1/3380/2016 dated 09.03.2018. The accused then challenged the said orders before the Joint Collector, but the Joint Collector upheld the decision of the RDO, vide Case Nos.B2/1662/2008 and B2/1663/2008 dated 29.08.2018.

4. During the COVID-19 pandemic, accused Samala Linga Murthy, K.E. Gopu Joseph Praveen Reddy, Gade Raja Reddy, Gade Aruna, Gajjela Gopal, Yeruva Bala Priyanka, Yeruva Fatima, Damera Satyanarayana, Gade Sudhakar Reddy, Lingala Joga Reddy, Thaduri Nagaraju, Veluru Laxmi Narayana, Yeruva Lourdur Mar Reddy, Anandapu Srinivas, Anandapu Lakshmi, Krishna, and Veluri Laxmi Narayana of JV Builders and Infrastructure allegedly formed a group and began encroaching upon the land of the complainant and that of others. They removed demarcation stones, tree guards, direction boards, and fencing stones. On 07.07.2021, during a routine visit by site supervisor Mr. Ghouse and surveyor Mr. Madhu, it was observed that the accused had encroached upon the site. When the complainant, along with Mr. Ghouse and Mr. Madhu, visited the site at about 2:30 p.m., the accused reportedly obstructed them, operated a JCB, and threatened them with dire consequences. Again, on 19.07.2021 at around 12:00 p.m., accused Veluri Laxmi Narayana of JV Builders and Infrastructure allegedly arrived at the site, began forming mud roads, and initiated illegal layout formation. When confronted, the accused again threatened the complainant and his representatives, warning them not to return to the site.

5. Basing on the said complaint, the Police registered a case in Crime No.172 of 2021 for the offences punishable under Sections 420, 447, 427 and 506 read with Section 34 of IPC and after completion o