THE HON’BLE SHRI JUSTICE ANIL KUMAR JUKANTI CRIMINAL PETITION No.15346 OF 2024

O R D E R:

This Criminal Petition is filed under Section 528 of the Bharatiya Nagarik Suraksha Sanhita (for short ‘BNSS’) by petitioner/accused to quash the proceedings against him in C.C.No.27 of 2024 on the file of XIV Additional Metropolitan Magistrate, Kukatpally, Cyberabad, arising out of FIR No.150 of 2023, dated 25.02.2023. The offences alleged against petitioner are under Sections 447, 427 of IPC and Section 6 of Land Encroachment Act, 1905 (for short ‘the Act, 1905’).

2. I.A.No.1 of 2025 is filed seeking amendment of prayer, which is as follows:

“…may be pleased to permit the petitioner to amend FIR No. vide FIR No.241/2023 dated 29.03.2023 on the file of P.S. Jagadgirigutta instead of FIR No.150/2023 which is wrongly typed, in CRL.P.No.15346/2024, in the interest of justice and pass such other order or orders…”

On 15.04.2025, this Court allowed the Interlocutory Application and accordingly the prayer is amended.

3. Heard Ms. Talat Madiha, learned counsel for petitioner, Mr. N.Sreedhar Reddy, learned counsel for respondent No.2 and Mr. Surepalli Prashanth, learned Assistant Public Prosecutor for the respondent – State.

Perused the material on record.

4. On the basis of a written complaint by the Executive Director, Andhra Pradesh State Financial Corporation (for short ‘APSFC’), an FIR bearing No.241 of 2023 came to be lodged on 29.03.2023.

5. Gist of the complaint is that APSFC was allotted land admeasuring Ac.238.28 guntas on lease basis for a period of 99 years in Sy.No.307/1 of Gajularamaram Village, Quthubullapur Mandal, Medchal-Malkajgiri District, vide G.O.Ms.No.1100 dated 16.08.2007. That an extent of land admeasuring Ac.33.11 guntas in Sy.Nos.308/2, 3 and 5 was also alienated by erstwhile Government of Andhra Pradesh. That local persons i.e., petitioner/accused herein encroached a part of land in Sy.No.307/1 and illegally constructed fencing. That petitioner/accused continued to encroach land in Sy.No.307/1, backside of Gali Pochamma temple and constructed fencing, in spite of there being security agency for monitoring.

6. A charge sheet bearing No.27 of 2024 is filed for offences punishable under Sections 447 and 427 of IPC and Section 6 of the Act, 1905. In the charge sheet, it is reflected that after allotment of land admeasuring Ac.238.28 guntas, possession was delivered to APSFC by revenue officials on 20.08.2007 and 14.05.2008, after conducting panchanama. That since then APSFC has been in continuous possession and that accused/petitioner encroached the land in Sy.No.307/1.

7. Learned counsel for petitioner/accused submitted that petitioner is owner of land admeasuring Ac.3.18 guntas in Sy.Nos.335/AA, 336 and 337/A. That the said extent of land was purchased from one Mr. Pagidi Venkat Narsimha Reddy. It is further submitted that vendor was issued Pattedar Passbook bearing No.143442, Title Deed No.26983 and Patta No.193 by Mandal Revenue Officer. Learned counsel invited the attention of this Court to sale deed (at Page No.22) and contended that it is a registered sale deed of his extent of land. Learned counsel also invited the attention of this Court to Page Nos.32, 33 and 34 to 44 to substantiate the claim of petitioner that he is owner of the land.

8. It is contended that one more FIR was registered under the very same Sections i.e., 447 and 427 of IPC and Section 6 of the Act, 1905, as FIR No.150 of 2023 dated 25.02.2023 and that a charge sheet bearing C.C.No.57 of 2024 is filed in the Court of XIV Additional Metropolitan Magistrate, Kukatpally. It is also submitted that for the very same offences, two FIR’s cannot be registered.

9. It is submitted that entire issue revolves around identification and demarcation of property in Sy.Nos.307/1, 335/AA, 336, 337/A. It is further submitted that Section 6 of the Act, 1905, is not applicable in the present facts and circumstances of the case, as identification and demarcation are not in disp