THE HONOURABLE SMT JUSTICE K. SUJANA CRIMINAL PETITION No.4525 of 2025

ORDER:

This Criminal Petition is filed seeking to quash the proceedings against the petitioners-A.1 and A.2 in C.C.No.1675 of 2025 on the file of XIV Additional Metropolitan Magistrate at Hayathnagar. The offences alleged against the petitioners are punishable under Sections 331, 324 r/w.3 (5) of Bharatiya Nyaya Sanhita, 2023.

2. The facts of the case are that on 18.10.2024 at 1015 hours, the complainant-2^nd respondent lodged a complaint to the police stating that he constructed a house in 2018 in 133 Sq yards after obtaining loans and permission from the Gram Panchayat and have been residing. On 17.10.2024, at 12.00 hours, they locked the gate from inside and went to sleep. Thereafter the petitioners-A.1 and A.2 criminally trespassed into the house by break open the lock and while they were breaking the lock, the complainant and his wife woke up and came out of the house. The intruders pushed the complainant and his wife outside and placed their belongings in the room. The petitioners opened the main door from inside. It is stated that a civil case is pending between the parties and interim injunction order was granted in favour of 2nd respondent and since 2018, they were residing in the said house and expressed threat in the hands of petitioners. Hence, requested the police to take necessary action against the petitioners. Basing on the said complaint the police registered the case against the petitioners for the above offences.

3. Heard Sri M. Narasing Rao, learned counsel for the petitioners, Sri M.Vivekananda Reddy, learned Assistant Public Prosecutor appearing for respondent No.1-State and Sri Shaik Mohd. Hussain, learned counsel appearing for respondent No.2. 4. The contention of learned counsel for the petitioners is that petitioners are innocent and a false case has been filed against them by the 2^nd respondent with concocted allegations. The petitioners are the absolute owners of the house, and 2^nd respondent is a tenant who has not paid rent. In the absence of petitioners, the 2^nd respondent broke the lock to grab the property, for which the petitioners approached the police. However, instead of registering a case against the 2nd respondent, police registered a case against the petitioners based on the complaint of 2^nd respondent. It is further contended that petitioners purchased the plot from 2^nd respondent and constructed the house after obtaining loans and necessary permissions. They have been paying electricity bills and obtained permission under the Gruha Laxmi scheme, that the 2^nd respondent filed a civil case vide O.S.No.382 of 2023 for cancellation of the sale deed and petitioners filed O.S.No.922 of

2023 for recovery of rent and both the suits are pending.

5. The further contention of learned counsel for the petitioners is that the police are interfering in civil disputes inspite of submitting the documents by the petitioners. The petitioners claim that no offense is made out against them, and charging them with the alleged offenses is unsustainable. They apprehend coercive measures being used against them and seek to quash the proceedings against them.

6. Learned counsel for respondent No.2, and learned Assistant Public Prosecutor, respectively, submitted that there are specific set of allegations against the petitioners and that the complaint itself would show that the petitioners entered into the house of respondent No.2, and attacked him due to which he sustained injuries. Therefore, while advocating that the matter requires adjudication, prayed this Court to dismiss the criminal petition.

7. Having regard to rival submissions made, and on going through the material placed on record, it is noted that the petitioners and respondent No.2 are relatives. Further, the respondent No.2 filed a case vide O.S.No.382 of 2023 against his wife and petitioner No.2 stating that by way of cheating, they obtained his signatures and executed documents, a