THE HONOURABLE SRI JUSTICE E.V. VENUGOPAL CRIMINAL PETITION No.7876 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 6 in C.C.No.663 of 2020 on the file of the Additional Judicial First Class Magistrate, Devarakonda, arising out of Crime No.48 of 2020 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 he had purchased the land admeasuring Acs.6.12 guntas, situated in Sy.Nos.635 and 636 of Koppole Village, Gurrampode Mandal, Nalgonda District, from Thadru Ramachary and Thaduri Yadaiah and got the same registered in the name of his wife viz.

Usharani and wife of his brother by name Anitha and since then they are in peaceful possession and enjoyment of the said land. It is further stated that there is a rift between the lands of respondent No.2 and the petitioners and in the said rift Palm and Neem trees were grown up and an altercation took place when the petitioners cut down the said trees and the matter was placed before the elders and petitioner No.2 admitted his guilt before the elders, as such no police complaint was lodged. It is further stated that taking advantage of the absence of respondent No.2, in order to occupy the land, the accused persons have trespassed into the land of respondent No.2 on 23.05.2020 by breaking the fencing stones, which was erected around the farm, destroyed the boundary lines with JCB and Tractors and planted new sweet lime plants. Therefore, respondent No.2 filed complaint against the petitioners with a delay of 8 days. Basing on the said complaint, a case in Crime No.48 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 Judicial Magistrate of First Class, Devarakonda, who inturn has taken cognizance for the aforesaid offences and numbered as C.C.No.663 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. It is 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 as alleged against the petitioner. 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 13 were examined and unless and until the trial Court examining the veracity of the statements made by the witnesses in their evidence/statements, truth cannot be elicited and therefore, prayed to dismiss the criminal petition.

6. Mr.Naseeruddin Khan, learned counsel representing Sri T. Bala Mohan Reddy, learned counsel appearing for respondent No.2 would submit that encroachment has been done by the petitioners by criminally trespassing into the property of respondent No.2 with the help of JCB and Tractor and have planted the new seeds, which would ultimately resulting criminal action against all the petitioners and after examin