THE HON’BLE SRI JUSTICE E.V.VENUGOPAL CRIMINAL PETITION No.1882 OF 2021

ORDER:

1 This criminal petition, under Section 482 Cr.P.C was filed seeking to quash the proceedings against the petitioner / A.4 in C.C.No.414 of 2021 on the file of the Court of the XVI Metropolitan Magistrate, Rajendranagar, Ranga Reddy District, registered for the offences punishable under Sections 447 and 427 of IPC.

2 Heard Sri L.Ravichander, learned senior counsel appearing on behalf of Sri Mayur Mundra, the learned counsel for the petitioner, Sri Vivek Jain, learned senior counsel appearing for the second respondent and Mr.E.Ganesh, learned Assistant Public Prosecutor representing the State and perused the record.

3 The facts and circumstances that led to the filing of the present criminal petition are as follows:

3.1 On 20.12.2019 the second respondent lodged a complaint before Narsingi police station stating that M/ s. Anuradha Greenlands Private Limited is the true and absolute owner and possessor of the land to an extent of Ac.5-18 guntas in Sy.No.364 at Janwada village, Shankarpally Mandal, Ranga Reddy District, having purchased the same from the original pattedars viz., N.Narayana S/ o N.Venkaiah and 11 others all are residents of Janwada village for valid consideration through registered sale deeds bearing document Nos.6242 and 6243 of 2000 both dated 03.8.2020 and 2932 of 2002 dated 21.3.2002. Immediately they filed an application before the Mandal Revenue Officer, Shankarpally Mandal for mutation of his name in the revenue records and mutation proceedings were also issued in favour of the complainant i.e. M/ s. Anuradha Greenlands Private Limited, vide proceedings No.B/ 5653 of 2003 dated 08.8.2004. While so, on 20.12.2019 at about 10.00 a.m, Rahuru Vittal and Bharath along with 20 others forcibly trespassed into the said land and caused damage by digging pits for erecting barbed wire to the entire land in Sy.No.364 of Janwada village.

3.2 Basing on the said complaint, a case in Cr.No.863 of 2019 under Sections 447 and 427 IPC was registered and investigated into. During the course of investigation the investigating officer issued notice under Section 41-A Cr.P.C. to the petitioner herein and others and thereafter filed charge sheet against the accused therein for the above stated offences, which was numbered as C.C.No.414 of 2021 on the file of the Court of the XVI Metropolitan Magistrate, Rajendranagar, Ranga Reddy District. As stated supra, seeking to quash the above said proceedings against him, the petitioner / A.4 filed the present criminal petition.

4 Sri L.Vavichander, the learned senior counsel appearing for the petitioner vehemently submitted that originally, the land in Sy.No.364/ 2 is an extent of Ac.5-18 gts situated at Janwada Village, Shankarpally Mandal, Ranga Reddy District was in possession of N.Venkataiah and E.Komaraiah and same is evident from 38-E Certificate dated 29-08-1975. Subsequently, E.Komaraiah died on 03-06-1987. Taking advantage of the death of E.Komaraiah, N.Venkataiah approached the Revenue Authorities and recorded his name and his family members in ROR proceedings vide ROR/ 636/ 1995 dated 05.08.1995 for the entire extent of Ac.5-18 gts ignoring the rights of Late E.Komaraiah. Subsequently, the legal heirs of N.Venkataiah sold the entire extent of Ac.5-18 gts under the above referred three registered Sale Deeds in favour of the complainant. The legal heirs of E.Komaraiah having come to know the about the proceedings ROR/ 636/ 1995 dated 05.08.1995, challenged the same in proceedings B/ 4936/ 2009 and the same was allowed on 24.12.2009 setting aside the proceedings dated ROR/ 636/ 1995. Aggrieved by the same, the complainant herein challenged the proceedings before Joint Collector, Ranga Reddy District vide Proceedings No. D1/ 1973/ 2010 and the same was dismissed on 06.12.2012 upholding the share of late Komaraiah to an extent of Ac.2-29 gts. However, so far as cancellation of sale deeds are concerned, the J