THE HONOURABLE SRI JUSTICE J. SREENIVAS RAO CRIMINAL PETITION No. 9315 of 2021

ORDER:

This Criminal Petition has been filed under Section

482 of the Code of Criminal Procedure, 1973, by the petitioners/accused Nos.1 to 11 seeking to quash the proceedings in C.C.No.669 of 2019 on the file of the Judicial First Class Magistrate, Special Mobile, Mahabubnagar District, for the offences punishable under Sections 353, 504 and 506 read with 34 of the IPC.

2. Brief facts of the case:

Respondent No.2/de facto complainant lodged a complaint on 18.09.2019 stating that the villagers of Peddamungalched have given complaint to the District Collector for showing the footpath in Sy.No.145 in their village during the Prajavani on 05.08.2019 and the District Collector visited the Addakal Mandal on 12.09.2019 and instructed him to solve the issue. Accordingly, the Mandal Surveyor issued notices to petitioner No.1 and pattadars of Sy.No.145 to attend on 17.09.2019 for demarcation of footpath, but the said persons did not attend. However, the Mandal Surveyor conducted panchanama and instructed pattadars not to disturb the agriculture on field till the yield of the crop. On 17.09.2019, petitioner No.1 telephoned him and abused in filthy language and threatened. On the next day, petitioner Nos.2 to 4 came to his office and alleged that he and his staff was working under the instructions of the ZPTC and some other political leaders by taking bribe from them and also alleged that they done baseless demarcation in their land and attempted to damage the furniture in the office and obstructed them in discharging their official duties and also warned VRO and Surveyor that they will beat them when they visit their village. He instructed petitioner No.1 and others to submit any representation they wished to make, but they did not listen to him. Basing on the said complaint, Crime No.52 of 2019 was registered for the offences punishable under Sections 353, 504 and 506 read with 34 of the IPC. The Investigating Officer, after conducting investigation, filed a final report before the learned Judicial First Class Magistrate, Special Mobile, Mahabubnagar, and the same was taken cognizance and numbered as C.C. No.669 of

2019.

3. Heard Ms. Nagaraju Chaitanya Vongavolu, learned counsel for the petitioners, and Mr. M. Vivekananda Reddy, learned Assistant Public Prosecutor appearing on behalf of respondent Nos.1 and 2.

4. Submissions of learned counsel for the petitioners:

4.1. Learned counsel submitted that the petitioners have not committed any offence and they were falsely implicated in the present crime. Even according to the allegations made either in the complaint or in the charge sheet, the ingredients of Sections 353, 504 and 506 of the IPC do not attract. Petitioner Nos.1 to 4 are the owners of the agricultural land to an extent of Ac.2.32 gts. in Sy.No.145 of Eddamunagalched Village, Addakal Mandal, Mahabubnagar District. Petitioner No.1 approached the District Collector, Mahabubnagar, and submitted application for conducting survey and demarcation of the pathway in the above said land. Even according to the allegations made in the complaint, the Mandal Surveyor issued notice to the pattadars in Sy.No.145 to attend enquiry on 17.09.2019, but no pattadar has appeared. In the absence of pattadars, the Mandal Surveyor conducted demarcation.

4.2. It is alleged that on 17.09.2019, petitioner No.1 telephoned respondent No.2 and abused him in filthy language and threatened and it is further alleged that petitioner Nos.2 to 4 entered into the office of respondent No.2 on 18.09.2019 unlawfully and attempted to damage the furniture, though they have not committed any such act. The nature of the allegations made in the complaint are purely civil in nature, especially petitioner No.1 had already approached this Court and filed W.P.No.293 of 2020 questioning the action of the official respondent Nos.3 to 6 in not taking action against respondent Nos.5 and 7 to 13 in the said w