THE HONOURABLE SRI JUSTICE J. SREENIVAS RAO CRIMINAL PETITION No. 9743 of 2021

ORDER:

This Criminal Petition has been filed under Section

482 of the Code of Criminal Procedure, 1973 (for short, ‘the Cr.P.C.’) by the petitioner/accused seeking to quash the proceedings in C.C.No.9526 of 2021 on the file of the IX Additional Chief Metropolitan Magistrate, Hyderabad, for the offences under Sections 448, 380 and 427 read with 34 of the Indian Penal Code, 1860 (for short, ‘the IPC’).

2. Brief facts of the case:

Respondent No.2/de facto complainant lodged a private complaint stating that the petitioner is the granddaughter of late Pasham Chittaraiah, who was original owner of land admeasuring 2016 sq. yards in Sy.No.54. Under a registered Will dated 08.02.1983, the petitioner bequeathed 151 sq. meters of land and she has been possession since 1987 ie., after demise of Pasham Chittaraiah, who died on 31.01.1987. By a partition among the family members, dated 19.02.1988, plot No.4 allotted to the petitioner. Later, the petitioner under a registered Gift Deed dated 23.09.2015, she conveyed it to her daughter and her name was mutated in the revenue records and also she secured water and electricity connections in her name. Later, he filed O.S. No.900 of 2013 for partition without impleading the petitioner, leading to her file impleadment petition. Due to repeated threats and interference, complaints were lodged before police by the petitioner and her daughter. The daughter of the petitioner filed O.S. No.320/2019 for perpetual injunction and obtained ad interim relief, and also W.P. No.38972 of 2018 before this Court against GHMC regarding encroachments, in which GHMC assured action. Meanwhile, he filed W.P. No.1561 of 2019 questioning the action of the GHMC officials with regard to demolition of sheds, arraying the petitioner and her daughter as respondents. Amidst these proceedings, he filed the private complaint dated 28.02.2019 alleging the petitioner and others criminal trespassed, destroyed CCTV camera, damaged the sheds, theft of 16 tulas of silver and two tulas of gold chain, cloths, mat, kitchen utensils and some cash having more than Rs.4,000/- and the same was registered as Crime No.250 of 2019 of Chikkadapally Police Station, Hyderabad. The police after conducting investigation filed charge sheet and the IX Additional Chief Metropolitan Magistrate, Hyderabad, taken cognizance and the same was numbered as C.C.No.9526 of 2021.

3. Heard Mr. E. Phani Kumar, learned counsel for the petitioner through video conference, Mr. S. Nyaya Murthy, learned counsel for respondent No.2 and Mr. M. Vivekananda Reddy, learned Assistant Public Prosecutor, appearing for respondent No.1-State.

4. Submissions of learned counsel for the petitioner:

4.1. Learned counsel submitted that the petitioner has not committed any offence and she was falsely implicated in the present crime. He further submitted that the petitioner’s grandfather, namely Pasham Chittaraiah, who was the absolute owner and possessor of the land admeasuring 2016 sq. yards in Sy.No.54 situated at Domalguda, Gagan Mahal of Hyderabad, had executed a registered Will Deed document No.6 of 1983, dated 08.02.1983, bequeathing 151 sq. yards in her favour and other portions to other family members, being his grandsons. After his death, through oral partition, plot No.4 admeasuring 273.33 sq. yards, was allotted in favour of the petitioner and other plot Nos.1, 2, 3 and 5 were allotted to other family members.

The petitioner has executed a registered gift settlement deed in respect of her property admeasuring 273.33 sq.

yards. in favour of her daughter, namely A. Keerthana,.

4.2. He further submitted that respondent No.2 filed suit in O.S.No.900 of 2013 before the XI Additional Chief Judge, City Civil Court, Hyderabad, seeking partition, without impleading the petitioner as a party defendant. In the said suit, the petitioner filed an application seeking impleadment as a party defendant and the said