THE HONOURABLE SRI JUSTICE E.V. VENUGOPAL CRIMINAL PETITION No.7877 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 3 in C.C.No.1273 of 2021 on the file of the Additional Judicial Magistrate of First Class, Devarakonda, arising out of Crime No.195 of 2021 of Gurrampode Police Station, Nalgonda District, registered for the offences punishable under Sections 341 and 506 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. The brief facts of the prosecution case are that respondent No.2 lodged a complaint stating that he is the owner of the agricultural land admeasuring Acs.6.12 guntas, situated in Sy.No.635 and 636 of Koppole Village, Gurrampode Mandal, Nalgonda District 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 accused No.1 is also having an agriculture land adjacent to the land of respondent No.2 and accused No.1 and his family members are used to pick up quarrels with respondent No.2 claiming that the subject land belongs to them and cases in Crime Nos.48 of 2020 for the offences punishable under Sections 447 and 427 read with 34 of I.P.C.; Crime No.53 of 2020 for the offences under Sections 447, 427, 341, 354, 323, 504 and 506 read with 34 of I.P.C. and Crime No.101 of 2020 for the offences under Sections 447 and 427 read with 34 of I.P.C. were registered against the petitioners and their family members. It is further stated that even after registration of the aforesaid crimes, on 28.06.2021 at 15:30 hours the petitioners again committed the same offences and they also threatened respondent No.2 with dire consequences. Basing on the said complaint, a case in Crime No.195 of 2021 was registered against the petitioners for the offences punishable under Sections 341 and 506 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 Additional Judicial Magistrate of First Class, Devarakonda, who inturn has taken cognizance for the aforesaid offences and numbered as C.C.No.1273 of 2021.

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 and others 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 the petitioners and others also filed O.S.No.104 of 2020 before the learned Senior Civil Judge, Nalgonda against respondent No.2 and his family members and the said Court also granted ad interim injunction restraining respondent No.2 herein and his 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 family members of respondent No.2 lodged false complaints against the petitioners and others on 01.06.2020 and 08.10.2020 for the same set of allegations and basing on the said complaints cases in Crime Nos.48 and 101 of 2020 of P.S.Gurrampode were registered against the petitioners and their family members. It is further submitted that suppressing the earlier complaints 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 submit that the entire allegations m