THE HON’BLE SMT. JUSTICE JUVVADI SRIDEVI CRIMINAL PETITION No.10500 of 2023

O R D E R :

This Criminal Petition is filed under Section 482 of Cr.P.C. by the petitioner-accused No.2 seeking to quash the proceedings against him in C.C.No.2548 of 2021 on the file of the learned XVI Additional Metropolitan Magistrate at Rajendranagar, arising out of Crime No.212 of 2021 of Raidurgam Police Station, Cyberabad Commissionerate, registered for the offences under Sections 447, 427 and 186 read with Section 34 of the Indian Penal Code (for short ‘IPC’).

2. Heard Mr. A.Prabhakar Rao, learned counsel for the petitioner and Mrs. S.Madhavi, learned Assistant Public Prosecutor appearing for the respondents. Perused the record.

3. The facts of the case, in brief, are that the de facto complainant is working as Mandal Additional Girdavar, Serilingampally. The petitioner- accused No.2, along with accused No.1, has trespassed into one acre of Government land situated in Sy.No.27 of Khajaguda Village and erected white sheets around it with an intention to grab the same. On knowing the same, the de facto complainant along with LW-2/N.Srinivas and LW-3/N.Kushalayya proceeded to the scene. While removing the white sheets with JCB, the petitioner herein and accused No.1 again criminally trespassed into the said land and obstructed the de facto complainant and LWs.2 and 3 from performing their lawful duties.

4. Submissions made by the learned counsel for the petitioner:

4.1. Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in the case. The petitioner has nothing to do with the land in Sy.No.27 and he has erected blue sheets in his land in Sy.No.25 of Khajaguda Village. The land in Sy.No.27 is a private land, but not Government land. He further submits that accused No.1 and his two brothers have gifted 2611 square yards of land in Sy.No.25 of Khajaguda Village to the Commissioner, GHMC, Hyderabad, as the said land is covered by newly laid road. In respect of the said land, the GHMC has also given TDR equivalent extent in favour of accused No.1 and his brothers. The Government has also issued G.O.Ms.No.268, dated 28.12.2022 in respect of the said road.

4.2. Learned counsel further submits that accused No.1 and his two brothers have executed a Development Agreement-cum-General Power of Attorney in respect of remaining portion of land in Sy.No.25 i.e., 3620.50 square yards, in favour of Blue Iris Realty LLP for development of the said land. As the respondents therein, including the de facto complainant herein, have demolished part of the blue sheets fencing put up by him, the Developer approached this Court by filing W.P.No.12294 of 2021 and this Court, by order, dated 06.05.2021 directed the respondents therein not to interfere with the possession and enjoyment of the land in Sy.No.25. He further submits that the de facto complainant, under the mistaken identity of the Government land in Sy.No.27, removed the sheets erected around the land in Sy.No.25 with JCB and filed the present false complaint against the petitioner herein. The Police, without conducting proper investigation have filed charge sheet. There are no specific allegations against the petitioner and the ingredients of the offences alleged against him are not made out. Hence, he prayed to quash the proceedings against the petitioner.

5. On the other hand, the learned Assistant Public Prosecutor contended that there are specific allegations against the petitioner. All the allegations levelled in the complaint as well as in the charge sheet are subject matter of trial, and hence, this is not a fit case to quash the proceedings at this stage. Accordingly, she prayed to dismiss the petition.

6. Having gone through the record, it is evident that accused No.1 and his two brothers have purchased the land to an extent of Ac.1.11½ guntas situated in Sy.No.25 of Khajaguda Village, under the registered sale deed bearing document No.6585 of 2007, dated