THE HON’BLE SMT. JUSTICE JUVVADI SRIDEVI CRIMINAL PETITION No.9711 of 2024

O R D E R :

This Criminal Petition is filed under Section 482 of Cr.P.C. by the petitioners-accused Nos.1 to 3 seeking to quash the proceedings against them in Spl.S.C.No.64 of 2024 on the file of the learned II Additional District and Sessions Judge (SC/ST Court) at Mahabubnagar, registered for the offences under Sections 447, 427, 323, 354 and 509 read with Section 34 of the Indian Penal Code (for short ‘IPC’) and Sections 3(1)(r)(s) and 3(2)(Va) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 2015 (for short the ‘Act’).

2. Heard Mr. K.Venkatesh Gupta, learned counsel for the petitioners and Mr. M.Ramachandra Reddy, learned Additional Public Prosecutor appearing for respondent No.1-State. Inspite of service of notice, there is no representation for respondent No.2-de facto complainant. Perused the record.

3. The case of the prosecution, in brief, is that the de facto complainant and the petitioners are from the same village. On 02.03.2020, the de facto complainant purchased Ac.2.00 guntas of agricultural land in Sy.No.590/D situated at the outskirts of Ramapuram Village (hereinafter referred to as ‘subject land’) from LW-8/N.Ramesh.

Due to financial problems, the de facto complainant borrowed Rs.12,00,000/- from one Golladondi Srinivasulu on interest basis, registering the subject land in his name as security, with an agreement to repay in three years and regain ownership. The de facto complainant continued possession and enjoyment of the subject land. However, said Srinivasulu sold the land to petitioner-accused No.1 in 2022 without her knowledge. On 25.03.2023 and on 08.08.2023, the petitioners-accused Nos.1 to 3 criminally trespassed into the subject land, abused the de facto complainant in the name of caste, caught hold of her hand, and forcibly pushed her, causing minor injuries on her head and right leg, and damaged the standing red gram crop and drip pipelines. The de facto complainant informed the same to her husband. Intending to settle the same before the elders, delay has occurred in lodging the complaint.

4. Submissions of learned counsel for the petitioners:

4.1. The alleged incidents had happened on 25.03.2023 and 08.08.2023, but the present complaint was lodged on 11.09.2023, without any explanation for delay. The petitioner-accused No.1 is the absolute owner and possessor of Ac.1.15 guntas in Sy.No.590/D, having purchased the same through registered sale deed bearing document No.872 of 2022, dated 16.10.2022 from one Golladonde Srinivasulu, who in turn, purchased the same from one E.Anjaneyulu vide registered sale deed bearing document No.7020 of 2020, dated 17.06.2020, who inherited the same from his ancestors. On 05.03.2023, when the petitioner-accused No.1 is busy with his agricultural operations, the de facto complainant along with her husband and others have criminally trespassed into the subject land and attempted to dispossess him. As such, he was constrained to file a civil suit against them vide O.S.No.7 of

2023, which was subsequently decreed in his favour on 15.03.2024.

4.2. On 16.03.2023, on the instigation of de facto complainant, two Police Constables namely Thimmappa and Ayyanna went to the subject land and instructed the petitioner-accused No.1 to leave the subject land, otherwise he would be implicated in false cases. As such, he lodged a complaint with the Superintendent of Police, Jogulamba-Gadwal on 17.03.2023. When the Police are interfering with the civil disputes, the petitioner approached this Court by filing W.P.No.9529 of 2023 and this Court by order dated 01.08.2023 disposed of the same directing the Police not to interfere with the civil disputes. After disposal of the said writ petition, the present complaint was lodged as an afterthought in connivance with the Police. There are no specific allegations against the petitioners and the ingredients of the offences alleged against the