HON’BLE SMT. JUSTICE JUVVADI SRIDEVI CRIMINAL PETITION No.798 of 2022

ORDER :

This Criminal Petition is filed under Section 482 of Cr.P.C by the petitioners/accused Nos.1 and 2 seeking to quash the proceedings in C.C.No.3215 of 2020 on the file of XIV Additional Metropolitan Magistrate Court, Cyberabad at Rajendranagar against the petitioner.

2. Heard M/s.Kuriti Bhaskara Rao, learned counsel for the petitioners and Smt.S.Madhavi, learned Assistant Public Prosecutor for respondent Nos.1 and 2 and perused the record.

3. Brief facts of the case are that the defacto complainant filed a complaint stating that an adverse news item was published in Eenadu Telugu Daily Newspaper on 04.08.2020 with a caption of “Kanchavesina Aagani Kabza” and he being Tahsildar along with his field staff inspected the spot jointly and conducted enquiry and found that the existing fencing around the Ooracheruvu in protection of encroachments of said lake was committed theft by the adjacent pattedar and filled up the gravel in FTL Area of Ooracheruvu including existing Nala illegally by way of filing joint inspection report recorded by them with the police. Basing on the said complaint, police Rajendranagar registered a crime No. 1239/2020 dated 04.08.2020 for the offences under sections 447, 427 read with 34 of Indian Penal Code (for short IPC) and section 3 of the Prevention of Damage to Public Property Act, 1984 (for short PDPP Act). After completion of investigation police, Rajendranagar filed charge sheet before XIV Additional Metropolitan Magistrate, Cyberabad at Rajendranagar.

4. Learned counsel for the petitioners submits that a false and frivolous complaint has been lodged against the petitioners based on the false statement published in daily newspaper in Eenadu. Originally the 1^st petitioner has purchased the agricultural land by way of three registered sale deeds and she has been in physical possession and enjoyment of the same and the then Tahsildar has also recorded the name of the 1^st petitioner and issued pattadar pass book. Further the 1^st petitioner has approached for conversion of land from agriculture to non-agriculture to the H.M.D.A., Hyderabad and paid necessary fees to the Government. However, since the 1^st petitioner is staying at Bangalore, she entrusted the work to protect her land to the 2^nd petitioner. The petitioners have not encroached any piece of land from any one and the 1^st petitioner is in possession and enjoyment only to the extent of Ac.3.33 gts. in survey No.64, 76, to 78 situated at Katedan. Therefore the question of trespassing into any tank does not arise. It is further contended that 1^st petitioner was constrained to file a suit being O.S.No.839 of 2016 on the file of IX Additional Senior Civil Judge Court at L.B.Nagar for perpetual injunction, which was decreed in favour of 1^st petitioner. 1^st petitioner also has filed a W.P.No.11869 of 2020 before this Court against the 2^nd respondent and other Government officials, while they are interfering into the petitioner’s property and the Court also granted Status quo order in respect of said property. Therefore, the C.C.No.3215 of 2020 on the file of XIV Additional Metropolitan Magistrate Court, Cyberabad, Rajendranagar is nothing but abuse of process of law and is liable to be quashed.

5. On the other hand, learned Assistant Public Prosecutor submits that there are specific allegations against the petitioners herein. It is further submitted that as per the revenue records pahani 1955-58 the lands claimed by the petitioner in Sy.No.64, 76, 77, 78 situated at Katedan village were recorded as patta lands and the land in Sy.No.18 situated at Shivarampally Jagir village was recorded as Ooracheruvu Shikam patta. Further the land in Sy.No.64 situated at Katedan village and the land in Sy.No.18 situated at Shivarampally Jagir Village were identified as FTL/Buffer zones of Ooracheruvu situated at Katedan village. 1^st petitioner along with their workers removed the fencing erec