THE HONOURABLE SRI JUSTICE N.TUKARAMJI CRIMINAL PETITION No. 4009 OF 2025

ORDER

This Criminal Petition is filed under Section 528 of Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS, 2023’) seeking quashment of the proceedings against the petitioner in C.C.No.205 of 2025, on the file of the Principal Judicial Magistrate of First Class, Miryalaguda.

2. The petitioner is arrayed as accused No.1 in the Calendar Case registered for the offences punishable under Sections 427, 380 read with Section 34 of the Indian Penal Code, 1860.

3. Heard Mr.K.Chaithanya, learned counsel for the petitioner and Mr.Jithender Rao Veeramalla, learned Additional Public Prosecutor, representing the respondent No.1-State.

4. The case of the prosecution in brief is that the petitioner along with others criminally trespassed into the premises of Saraswathi Shishu Mandir School, Vasavi Nagar, Miryalguda, with JCB and Tractor vehicles, demolished the school compound wall and the class rooms and committed theft of classroom furniture.

5. Learned counsel for the petitioner contends that the petitioner is the rightful and original owner of the scheduled premises. He regularly pays vacant land tax and has also instituted a civil suit–O.S. No.6 of 2023– before the Senior Civil Judge, Miryalguda, seeking partition and separate possession of the said property along with other co-owners. In contrast, respondent No. 2, the de-facto complainant, has no legal or possessory interest in the property. Therefore, the petitioner’s act of entering his own property cannot, under any circumstance, amount to criminal trespass. Furthermore, the allegations regarding damage and theft of school furniture are, according to the petitioner, fabricated and intended solely to prevent him from accessing the property. Learned counsel argues that the continuation of the prosecution in the Calendar Case amounts to an abuse of the judicial process. Accordingly, he prays for the quashing of all further proceedings against the petitioner in the said case.

6. The learned Additional Public Prosecutor submits that the petitioner has been named as the prime accused in the case. The investigation, as per the Police Report, corroborates the occurrence of the incident as alleged. Statements from witnesses, including drivers of the JCB and Tractor allegedly involved, support the narrative implicating the petitioner. Moreover, the Calendar Case is at the threshold of trial, and judicial intervention at this stage would prejudice the due course of justice.

7. I have carefully examined the materials on record.

8. According to the charge-sheet, the incident in question took place on 14.05.2024, wherein the petitioner, along with co-accused, allegedly entered the premises claimed by the de-facto complainant, using a JCB to demolish the compound wall and classrooms and subsequently removed school furniture. The case is under consideration to determine the criminal liability of the petitioner (accused No.1) along with other accused.

9. The witness statements, on the face of it, suggest the petitioner’s involvement in the incident. In such a situation, mere assertions of ownership or possession do not negate the alleged overt acts, which are potentially criminal in nature. These are matters best examined during trial, where the petitioner can raise his defence and contest the evidence. At this preliminary stage, there appears to be no compelling legal ground to interfere with or quash the ongoing proceedings in the Calendar Case.

10. Resultantly, for want of merit, the Criminal Petition is liable to be and is accordingly, dismissed.

Pending miscellaneous applications, if any, shall stand closed.

_______________ N.TUKARAMJI, J Date: 10.06.2025 svl