THE HON’BLE SMT. JUSTICE JUVVADI SRIDEVI CRIMINAL PETITION Nos.5907 of 2022 and 10413 of 2024

COMMON ORDER :

These Criminal Petitions are filed by the petitioners-

accused Nos.1 to 4 to quash the proceedings against them in C.C.No.4490 of 2020 on the file of the learned VII Additional Junior Civil Judge-cum-XV Additional Metropolitan Magistrate at Kukatpally, Cyberabad (for short ‘trial Court’), registered for the offences punishable under Sections 447, 427, 341, 186, 120-B and 506 r/w. 34 of IPC and Section 3 of the Prevention of Damage to Public Property, 1984 (for short ‘Act’).

2. Since both the criminal petitions are arising out of C.C.No.4490 of 2020, both the criminal petitions are heard together and disposed of by way of this common order.

3. Heard learned counsel for petitioners as well as Smt.S.Madhavi, learned Assistant Public Prosecutor for the State and perused the record. No representation on behalf of respondent No.2.

4. The case of the prosecution, in brief, is that the de facto complainant is the Deputy Commissioner of GHMC, Circle No.23, Moosapet. The T.S. Housing Board has given an open land admeasuring 191.60 square yards situated between MIG-30, MIG-29/F-1/F-3/F-5, Chaitanya Food Court back side, 3^rd Phase, KPHB Colony, to the GHMC, Circle No.23, for the purpose of public activities at free of cost. The petitioners-accused Nos.1 to 4, who are adjacent land holders, in criminal conspiracy with each other have trespassed into the GHMC land with an intention to grab the same and raised illegal constructions. On knowing the same, when de facto complainant along with LW-2/Chilla Sridhar Prasad and LW-3/Koyyada Kumar tried to prevent the illegal constructions, the petitioners-accused Nos.1 to 4 with a common intention have wrongfully restrained them, obstructed their duties and threatened them with dire consequences. Basing on the complaint lodged by the de facto complainant, the Sub-Inspector of Police registered a case in Crime No.225 of 2020 for the aforesaid offences. After completion of investigation, charge sheet was filed before the trial Court. The same was taken cognizance and numbered as C.C.No.4490 of 2020.

5. Learned counsel appearing for the petitioners submits that the petitioners are innocent and have nothing to do with the offences alleged against them. There are no specific allegations against the petitioners and the ingredients of offences alleged against them are not made out. He further submits that the petitioners-accused Nos.1 and 4 are Journalists. The petitioner- accused No.2 is the brother of petitioner-accused No.4. Being Journalists, they have been active in bringing issues pertaining to illegal, unauthorized constructions and land grabbing disputes to light that involved Government officials by taking bribe. In order to gag the petitioners, a false case has been foisted against them by the de facto complainant.

6. Learned counsel appearing for the petitioners further submits that to initiate any criminal proceeding against the accused under Section 186 of IPC, the complainant has to file a private complaint as contemplated under Section 195 of Cr.P.C. and the Court cannot take cognizance unless a public servant files a private complaint before the jurisdictional Magistrate. Since the prime offence under Section 186 of IPC is barred by Section 195(1)(a) of Cr.P.C., the whole proceedings are without jurisdiction, and thus, he prayed to quash the proceedings against the petitioners.

7. On the other hand, the learned Assistant Public Prosecutor contended that there are specific allegations against the petitioners-accused Nos.1 to 4. All the allegations levelled in the complaint as well as in the charge sheet are subject matter of trial, and hence, this is not a fit case to quash the proceedings at this stage. Accordingly, she prayed to dismiss the petition.

8. For the sake of convenience, Section 186 of IPC and Section 195 of Cr.P.C. are extracted hereunder.

186. Whoever voluntarily obstructs any