THE HONOURABLE SMT. JUSTICE JUVVADI SRIDEVI CRIMINAL PETITION No.6208 of 2022

O R D E R

This Criminal Petition is filed by the petitioner-accused No.2 seeking to quash the proceedings against him in S.C.No.212 of 2025 on the file of Special Court for SC, ST (Prevention of Atrocities Act) at L.B.Nagar, Rangareddy District.

02. Heard M/s.Srinivas Pendota, learned counsel for the petitioner-accused No.2 and Smt.S.Madhavi, learned Assistant Public Prosecutor for the State. There is no representation on behalf of respondent No.2. Perused the record.

03. The case of the prosecution as per defacto complainant in brief was that the accused approached the respondent No.2-complainant and demanded her to sell the house property to them at cheaper rate and when the complainant denied to sell the said house property, the accused developed grudge against the complainant and hatched out a plan to grab the house of the complainant by illegal means. On 11.03.2022, the accused tried to occupy the house of the complainant and she resisted the attempts of the accused. On 12.03.2022, the accused A1 and A2 came to the house property of the complainant along with 10 to 15 persons, created panic, scolded the complainant in filthy language by using un-parliamentary language, pelted stones on the complainant and threatened the complainant with dire consequences. The complainant approached the police, but as no action was initiated by them, filed a private complaint which was referred to the police and registered as crime No.580 of 2022 for the offences alleged against the petitioner are under Sections 384, 389, 427, 447, 452, 504, 506, 509 read with 34 of the Indian Penal Code (for short ‘IPC’) and sections 3 and 10(i) (3) of the SC, ST (Prevention of Atrocities (for short ‘POA”), Act.

04. Learned counsel for the petitioner No.2 submitted that the petitioner was innocent of the above allegations. He had nothing to do with the said allegations made against him. The petitioner purchased the property five years prior to the respondent No.2-complainant and an injunction order was in their favour. The respondent No.2 was trying to convert a civil dispute into a criminal dispute, which was an abuse of process of law. The complainant having suffered a decree in O.S.No.1610 of 2003 passed by the Principal Junior Civil Judge, Ranga Reddy District at L.B.Nagar and after filing Execution proceedings against the Judgment Debtor, wherein the complainant was also added as a party JDR in the said EP tried to interfere with the property of the petitioners. The petitioners resisted the complainant. She lodged a complaint against the petitioner and the police registered the same without even making a preliminary enquiry into the matter and relied upon the judgment of the Hon’ble Apex Court in State of Haryana and Others v. Ch.Bhajan Lal and Others, AIR 1992 SC 604, wherein it was held that a criminal proceeding which was manifestly attempted with a malafide intention or instituted with a malicious intention for wrecking vengeance against the accused was not maintainable.

05. He further submitted that the complainant was in the habit of lodging false complaints against the accused. She also lodged a complaint, which was registered as case No.29-ACP- VPRM/RCKD/2018-19, dated 07.09.2019, which was pending

adjudication. She was misusing the SC & ST (POA) Act, 2015 and making the said Act as a tool to harass the petitioner. He further submitted that the case against petitioner-A1 is quashed by this Court and the petitioner-A2 also stand on the same footing and prayed to quash the proceedings against the petitioner-A2 in S.C.No.212 of 2025 on the file of Special Court for SC, ST (Prevention of Atrocities Act) at L.B.Nagar, Rangareddy District.

06. Learned counsel for the respondent No.2-

complainant contended that the petitioner and others being realtors doing real estate business, used to purchase the plots, flats, houses and lands at cheap rates. They approached the respondent No