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IN THE HIGH COURT FOR THE STATE OF TELANGANA

AT HYDERABAD

THE HON'BLE SMT. JUSTICE TIRUMALA DEVI EADA

CRIMINAL PETITION No.2928 OF 2025

DATE: 31-12-2025

Between:

Sri Valige Prabhakar

… Petitioner

And

The State of Telangana,

Rep. by its Public Prosecutor,

High Court building at Hyderabad

Through PS Vanasthalipuram,

Rachakonda, R.R.District and another

... Respondents

ORDER:

This Criminal Petition is filed by the petitioner-accused No.1

seeking to quash the proceedings against him in Crime No.150 of

2025 of Vanasthalipuram Police Station, Rachakonda, registered

for the offences under Sections 329(3), 324(4) and 351(2) read

with 3(5) of BNS.

2. Heard Sri C. Kumar, learned counsel for the petitioner,

Sri Jithender Rao Veeramalla, learned Additional Public

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Prosecutor for respondent No.1-State and Sri G. Jonathan,

learned counsel for respondent No.2.

3. Learned counsel for the petitioner submitted that the matter

is purely of civil in nature; that the petitioner had ad interim

injunction in his favour and that instead of contesting the civil

Suit, the present complaint is subsequently filed by respondent

No.2-de facto complainant just to convert the civil litigation into a

criminal one. He further submitted that the contention of the de

facto complainant is that his plot falls in Survey No.247 and that

two Suits are pending between the parties. He further submitted

that when the civil proceedings are pending and when injunction

order is granted by the trial Court in favour of the petitioner, it is

not just and proper to initiate criminal proceedings against the

petitioner and continuation of the said proceedings is an abuse of

process of law. Learned counsel, in support of his submissions,

has relied upon the decision of the co-ordinate bench of this

Court in Nagulapati Ramulu v. State of Telangana and

others, 2024 (6) ALT 221(TS). He further submitted that an unimpeachable document

can be considered while deciding a quash petition, as was held

by the Honourable Apex Court in Suryalakshmi Cotton Mills

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Crl.P.No.2928 of 2025

Limited v. Rajvir Industries Limited and others, (2008) 13 SCC 678. He further

submitted that a civil case cannot be converted into a criminal

case, especially when Suits are pending between the parties. He

further submitted that the allegations in the complaint do not

attract any of the offences alleged against the petitioner herein.

He, therefore, prayed to quash the proceedings in the present

crime against the petitioner herein.

4. Learned counsel for respondent No.2 has submitted that

ad interim injunction is granted in respect of plot Nos.259 and 260

in Survey Nos.237 and 239, whereas plot Nos.259 and 260 fall in

survey No.247 and respondent No.2 has filed vacate stay

application before the trial Court. He further submitted that the

Sale Deed of respondent No.2 pertains to the year 1986, wherein

it is mentioned that plot Nos.259 and 260 fall in Survey No.247.

He further submitted that admittedly there are civil cases pending

between both the parties, but the acts committed by the petitioner

are criminal in nature and thus, initiation of criminal proceedings

against the petitioner is maintainable. He further submitted that

the petitioner has trespassed into the land of respondent No.2

and removed his container and demolished the boundary stones

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Crl.P.No.2928 of 2025

and further, threatened respondent No.2 with dire consequences.

Thus, in the said circumstances, a complaint has been given and

the criminal law is set into motion. He further submitted that

respondent No.2 is the rightful owner and is in possession of the

subject property. He, therefore, prayed to dismiss the Criminal

Petition.

5. Learned Additional Public Prosecutor has submitted to

pass appropriate orders in the Criminal Petition.

6. Perused the record.

7. It is borne out by record that a Suit vide O.S.No.22 of 2025

on the file of learned Principal Junior Civil Judge-cum-XIV

Additional Judicial Magistrate of First Class, Ranga Reddy Di