THE HONOURABLE SRI JUSTICE N.TUKARAMJI CRIMINAL PETITION No. 5222 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 in C.C.No.2146 of 2024 on the file of the IX Additional Metropolitan Magistrate, Cyberabad at Medchal, Medchal-Malkajgiri District against the petitioner.

2. The petitioners are arraigned as accused No.1 in C.C.No.2146 of 2024 charged for the offences punishable under Sections 447, 427, 143, 147 r/w 34 of IPC.

3. Heard Mr. Kaluvala Venkata Vara Prasad, learned counsel for the petitioner and Mr.Jithender Rao Veeramalla, learned Additional Public Prosecutor appearing for the respondent No.1-

State.

4. The prosecution case in brief is that on 01.10.2023 at 3.40 P.M. the de facto complainant/respondent No.2 had filed complaint stating that in Survey No. 25/1 of Pet-basheerabad Village, Quthbullapur Mandal, the petitioner/accused No.1 along with other accused have trespassed aided by a JCB and demolished neighbour’s compound wall on the northern boundary, entered his land unlawfully, destroyed CCTV cameras and crops, and threatened the land manager. Thus the complaint.

5. Learned counsel for the petitioner would submit that the petitioner is innocent and in the back drop of civil litigations to arm- twist and to dispossess and grab the property, this false report has been foisted. Further, the police report is not referring to any overt act of the petitioner. He further asserts that this Court in Writ Appeal No.1151 of 2001 had favourably concluded as to his title and interest over the property. As such the contention of dispossession and the activity conducted in the property cannot be held as an offence, hence prayed for interference and quashment of the proceedings.

6. Learned Additional Public Prosecutor would submit that the de facto complainant’s title over the property has been determined by the civil Court and on the relevant date at the instance of the petitioner along with others entered the premises damaged CCTV Camera and agricultural field with JCB and the materials collected in the investigation are substantiating the same. Further the defence of the petitioner as to title in determining the culpability may not be relevant but the possession as on relevant date and the conduct makes out any offence. Nonetheless these aspects can only be determined in a full-fledged trial. Thus the petition is liable to be dismissed.

7. I have perused the materials on record.

8. The petitioner’s assertion that the disputed landed property belongs to him, his presence or the activities conducted by him cannot be held as an offence, is impliedly indicating occurrence as reported by the respondent No.2/de facto complainant. Further the statements recorded by the police during investigation are supporting the allegations made in the police report. The defence of the petitioner that his rights were conferred and he is in possession of the property are the defences and in the absence of clear materials can only be considered at appropriate stage. Therefore, in the light of prima facie material to proceed with trial, this Court finds no legally acceptable ground for interference with the proceedings much less for quashment. In that view, this petition is liable to be and is accordingly dismissed.

Miscellaneous petitions, pending if any, shall stand closed.

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N.TUKARAMJI,J Date:16-04-2025 ccm