THE HON’BLE SMT. JUSTICE JUVVADI SRIDEVI CRIMINAL PETITION No.5274 of 2022

O R D E R :

This Criminal Petition is filed under Section 482 of Cr.P.C. by the petitioner-accused No.8 seeking to quash the proceedings against him in C.C.No.971 of 2020 on the file of the Additional Judicial Magistrate of First Class at Gadwal (for short ‘trial Court’), arising out of Crime No.126 of 2020 of P.S. Dharoor, Jogulamba-Gadwal District, registered for the offences punishable under Sections 427, 447, 323 and 504 r/w. 34 of the Indian Penal Code (for short ‘IPC’).

2. Heard Mr. Y.Koteswara Rao, learned counsel for the petitioner and Mrs. S.Madhavi, learned Assistant Public Prosecutor appearing for the respondent-State. No representation on behalf of respondent No.2.

Perused the record.

3. The case of the prosecution, in brief, is that on 14.05.1983, the Government has allotted a housing plot bearing No.55 situated at Bheempuram Village, B.C. Colony, Dharoor Mandal, Jogulamba-Gadwal District, to the father of de facto complainant and patta was also given to him. However, no constructions were raised by his father. After his death, the de facto complainant, being the legal heir, acquired the same. On 16.06.2020, when the de facto complainant along with his wife went to the plot in dispute for construction of house/hut, all the accused in the crime have trespassed into the said plot and tried to remove cement poles. When the de facto complainant and his wife objected, all the accused abused them in filthy language and beat them with hands. Basing on the said complaint, a case in Crime No.126 of 2020 was registered against the accused. On completion of investigation, charge sheet was filed before the trial Court for the aforesaid offences. The same was taken cognizance and numbered as C.C.No.971 of 2020.

4. Learned counsel appearing for the petitioner submits that the petitioner-accused No.8 is innocent and has been falsely implicated in the case. There is a delay in lodging the complaint and the reason for such delay was not explained. He further submits that the plot in dispute is ‘Gramakantam’ and it is being used as playground for the last several years. As the de facto complainant was trying to construct hut in the Gramakantam, some of the villagers objected for the same. As such, the present complaint was foisted by the de facto complainant against the petitioner herein and others with all false allegations. He further submits that initially, the plot in dispute was allotted to the father of de facto complainant on 14.05.1983. Since the father of the de facto complainant failed to raise constructions in the plot in dispute within three years from the date of allotment, the allotment of plot in dispute and neighbouring plots was cancelled and the same was re-allotted to High School, Bheemapuram. Presently, High School is existing in the said plot numbers. As the allotment of plot in dispute was cancelled, the de facto complainant has filed a complaint before the Lok Ayukta. On the basis of reports submitted by the Tahsildar, Dharoor Mandal, the Revenue Divisional Officer, Gadwal and the District Collector, Jogulamba-Gadwal District, the Lok Ayukta has dismissed the complaint filed by the de facto complainant.

5. Learned counsel appearing for the petitioner further submits that the petitioner is a Kabaddi player and he has participated in several tournaments. In support of the same, he has filed photocopies of Sports Certificates/Awards. For the past five years, he is practising at Gachibowli, Hyderabad and the Sports Authority of India (SAI) is sponsoring him. The petitioner is almost residing in the Stadium at Hyderabad and not at Bheempuram Village, Dharoor Mandal, Jogulamba-Gadwal District. With conducting proper investigation, the Police have filed charge sheet in a mechanical manner. Due to pendency of the present criminal case, the petitioner is facing problems to get passport, visa, etc. He further submits that there are no specific alleg