THE HONOURABLE SRI JUSTICE E.V. VENUGOPAL CRIMINAL PETITION No.7875 of 2021

ORDER :

This Criminal Petition is filed under Section 482 of Cr.P.C.

seeking to quash the proceedings against the petitioners/ accused Nos.1 to 8 in C.C.No.1080 of 2020 on the file of the Judicial Magistrate of First Class, Devarakonda, arising out of Crime No.101 of 2010 of Gurrampode Police Station, Nalgonda District, registered for the offences punishable under Sections

447 and 427 read with 34 of I.P.C.

2. Heard Ms.K.V.Rajasree, learned counsel for the petitioners; Mr.E.Ganesh, learned Assistant Public Prosecutor appearing for respondent No.1-State and Mr.Nazeeruddin Khan, learned counsel representing Mr.T.Balamohan Reddy, learned counsel for respondent No.2.

3. Brief facts of the prosecution case are that respondent No.2 lodged a complaint stating that in the year, 2016 LWs.1 to 5 have purchased agricultural land admeasuring Acs.6.12 guntas, situated in Sy.No.635 and 636 of Koppole Village, Gurrampode Mandal, Nalgonda District and since then they are in peaceful possession and enjoyment of the same. It is stated that on 06.10.2020 respondent No.2 and her family members ploughed the said land in order to cultivate green gram and black gram crop, meanwhile, on 07.10.2020 at 12:00 hours, the petitioners have criminally trespassed into the said land in order to occupy the land as illegal manner and seeding black and green grams. Basing on the said complaint, a case in Crime No.101 of 2020 was registered against the petitioners for the offences punishable under Sections 447 and 427 read with 34 of I.P.C. and investigation has been taken up. After collecting all the material, the Inspector of Police filed a charge sheet before the Court of the Judicial Magistrate of First Class, Devarakonda, who inturn has taken cognizance for the aforesaid offences and numbered as C.C.No.1080 of 2020.

4. Learned counsel for the petitioners would submit that admittedly the lands of the petitioners and unofficial respondent are adjacent to each other and there is a civil dispute with regard to the boundaries and petitioner No.1 filed W.P.No.7516 of 2020 before this Court, wherein this Court directed the police officials not to interfere with the civil disputes. It is further submitted that petitioner Nos.1, 2 and 4 also filed O.S.No.104 of 2020 before the learned Senior Civil Judge, Nalgonda against respondent No.2 and her family members and the husband of respondent No.2 is defendant No.3 in the said suit and the said Court also granted ad interim injunction restraining respondent No.2 herein and her family members from interfering with their possession and enjoyment over subject property and the said injunction order is subsisting. It is further submitted that previously also the husband of respondent No.2 lodged a false complaint against the petitioners and others on 01.06.2020 for the same set of allegations and basing on the said complaint a case in Crime No.48 of 2020 of P.S.Gurrampode was registered against the petitioners. It is further submitted that suppressing the earlier complaint and also the injunction order granted by the civil Court respondent No.2 lodged the present complaint and therefore, it is evident that the petitioners have been implicated falsely. Learned counsel for the petitioners further submitted that the entire allegations made against the petitioners are civil in nature and do not constitute any criminal offences. It is further submitted that even if the allegations made in the complaint and the charge sheet are taken at their face value, the said allegations do not constitute the offences alleged against the petitioners. Therefore, prayed to quash the proceedings against the petitioners.

5. On the other hand, the learned Assistant Public Prosecutor would submit that the offences alleged against the petitioners are very serious in nature and on perusal of the material on record would show that as many as LWs.1 to 10 were examined and unless and u