THE HON’BLE SMT.JUSTICE TIRUMALA DEVI EADA

ORDER:

This Criminal Petition is filed by the petitioner-accused No.1 seeking to quash the proceedings in CC No.1677 of 2025 on the file of XII Judicial Magistrate of First Class, Ranga Reddy District registered for the offences under Sections 329(3), 324(4), 351(2), 352 read with 3(5) of BNS.

2. Heard Sri Mirza Azmath Ali Baig, learned counsel for the petitioner and Sri E. Ganesh, learned Assistant Public Prosecutor for the respondent No.1-State.

3. Learned counsel for the petitioner has submitted that the dispute is of civil nature and thus, the allegation of trespass and mischief against the petitioner are not maintainable as the complaint itself is false. He further submitted that during the course of investigation, the police have not collected any title documents from the de facto complainant and that when he is not the owner, he cannot allege trespass against the petitioner and that a civil suit on the subject land is pending before the civil court. He, therefore, prayed to quash the proceedings against the petitioner.

4. Learned Assistant Public Prosecutor has submitted that there are specific allegations against the petitioner-accused No.1 in this case that he alleged to have trespassed into the land of the de facto complainant and constructed a shed in the land, due to which the de facto complainant has approached the court and filed a civil suit vide O.S. No.738 of 2018 and that the de facto complainant got the judgment in his favour. When the de facto complainant approached the said plot, the petitioner has picked up a quarrel with him and abused him in filthy language. Therefore, he prayed to dismiss the petition.

5. Perused the record.

6. The contents of the charge sheet reveals the allegations of trespass and criminal intimidation against the petitioner herein. The charge sheet further discloses that LWs.2 and 3 are listed as eye witnesses. The veracity of these witnesses and the truth in the allegations need to be tested during the course of trial. Hence, it is deemed appropriate to dispose of the petition by dispensing with the

7. Hence, the Criminal Petition is disposed of dispensing with represented by a counsel before the trial court on every date of hearing and he shall be present before the trial court as and when his presence is required during the course of trial.

Miscellaneous Petitions, pending if any, shall stand closed.

____________________________ JUSTICE TIRUMALA DEVI EADA November 26, 2025 KTL