THE HON’BLE SMT. JUSTICE TIRUMALA DEVI EADA CRIMINAL PETITION No.11070 OF 2025

ORDER:

This Criminal Petition is filed by the petitioners – accused Nos.1 to 5 seeking to quash the proceedings in FIR No.141 of 2025 on the file of P.S. Mamnoor, Warnagal District, registered for the offences under Sections 329 (3), 324 (4), 189(2), 351(2) read with Section 190 of the Bharatiya Nyaya Sanhita, 2023 (for short “BNS, 2023”).

2. Heard the submissions of Sri J.Prabhakar Rao, learned Senior Counsel representing Smt.Kalyani Kanumuri, learned counsel for the petitioners and Sri Jithender Rao Veeramalla, learned Additional Public Prosecutor for the respondent No.1 –

State.

3. The learned petitioners counsel has submitted that the petitioners have decree in their favour and the petitioner is the owner of the property and that the de facto complainant has preferred second appeal which is still pending and that the dispute is purely of civil nature. When the petitioners have a decree of injunction in their favour, the allegation of trespass against them is not tenable and that pursuant to the decree, the de facto complainant has lodged this complaint as an afterthought just out of vengeance, therefore