THE HONOURABLE SRI JUSTICE E.V. VENUGOPAL CRIMINAL PETITION No.2399 of 2023

ORDER

This Criminal Petition is filed under Section 482 of Cr.P.C., by the petitioners/accused Nos.4 and 5, to quash the charge sheet in C.C.No.86 of 2022 pending on the file of learned Judicial First Class Magistrate, Alair, registered for the offences punishable under Sections 430, 431 r/w 34 of IPC, 109 of IPC, Section 3 of Prevention of Damage to Public Property Act, 1984.

2. The brief facts of the case are that, on 24.07.2021 at 13.30 hours the complainant/AEE, Irrigation Department, Yadagirigutta Mandal, went to the police station and lodged a complaint stating that, on 24.07.2021 in the morning Sarpanch of Vangapally Village has informed her that his Village pond bund was damaged. Then, she has enquired at filed level and came to know that since four days as it was continuously raining, the said village pond fill up with water, some unknown offenders intentionally trespassed into the pond bund and damaged the bund to empty the pond. It is stated that the Government of Telangana has constructed the ponds in the State under “Mission Kakatiya" for developing the ground water level, as such in the year 2017 the said pond was restored and it was developed by the Government funds. Hence, she requested to take necessary action.

(i) Basing on the said complaint, a case was registered in Cr.No.184 of 2021 on the file of Yadagirigutta Police Station. After completion of investigation, charge sheet was laid against A1 to A5. Assailing the same, the present Criminal Petition is filed by the petitioners/A4 and A5.

3. Heard learned counsel for the petitioners and Mr.E.Ganesh, learned Assistant Public Prosecutor for respondent No.1-State. Perused the record.

4. Learned counsel for the petitioners contended that the allegations made in the complaint as well as in the charge sheet are totally false and baseless and no material evidence was collected to prove the allegations against the petitioners herein. Hence, implicating the petitioners as accused for the offences under Sections 430, 431 r/w 34 of IPC, 109 of IPC, Section 3 of Prevention of Damage to Public Property Act, 1984 amounts to abuse of process of law.

5. Learned counsel further contended that the petitioners have appeared before Station House Officer, Yadagirigutta Police Station and revealed all the facts and submitted that a false complaint has been filed against them, but the Station House Office did not consider the said facts revealed by the petitioners and filed a false charge sheet against the petitioners with an ulterior motive to harass them, though the facts do not constitute any offence against these petitioners.

6. Learned counsel further contended that the police by colluding with respondent No.2, registered a false case and filed charge sheet, even though no case is made out against the petitioners herein for the alleged offences, as such continuing the proceedings in C.C.No.86 of 2022 against the petitioners before the trial Court is illegal and liable to be quashed. He further contended that the petitioners have been falsely implicated in the case basing on vague, omnibus and bald allegations for the purpose of harassing the petitioners. Therefore, he prayed to allow the Criminal Petition by quashing the proceedings against them.

7. On the other hand, learned Assistant Public Prosecutor for respondent No.1-State opposed the submissions made by the learned counsel for the petitioners and contended that as per the averments of the complaint, A1 to A3 damaged the pond bund as per the instructions of petitioners herein/A4 and A5. Thus, the accused with an intention to empty the pond water had damaged the irrigation water project, which was dug under “Mission Kakatiya scheme” for developing ground water level by the Government of Telangana, which is a public property, unless and until the trial is conducted, the truth cannot be elicited. Hence, he prayed to dismiss the Criminal Petition.

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