THE HONOURABLE SRI JUSTICE E.V.VENUGOPAL CRIMINAL PETITION No.3760 OF 2021

ORDER:

This petition is preferred by the petitioners/accused Nos.1 to 4 seeking to quash the proceedings in crime No.33 of 2021 on the file of the Police Station Kowdipally, Medak District, registered for the offences under Sections141, 120B, 415, 468, 471, 420, 423, 425, 427, 504, 506 read with 34 of the Indian Penal Code.

2. The petitioners herein are accused Nos.1 to 4 and respondent No.2 herein is the de facto complainant before the trial Court. For the sake of convenience hereinafter parties are referred to as accused Nos.1 to 4 and the complainant.

3. The brief facts of the case are that the complainant is the Chairman and Managing Director of M/s. India Poultry Private Limited. The complainant’s company is the absolute owner and possessor of land to an extent of Acs.206 in Sy.No.92, 93 and 94, situated at Nagsanpally village, Mandal Kowdipally, Medak District. The same was purchased from M/s. Basik Breeders Pvt. Ltd, who purchased the same from the original occupants and owners namely E.Mallaiah, E.Shivvaiah, E.Ramaiah and others. The ownership of the lands was transferred in the name of M/s. Basik Breeders Pvt. Ltd and subsequently the same was transferred in the name of the complainant’s company and Pattadar passbook and title deeds were issued. M/s. India Poultry Pvt. Ltd thereafter sold Acs.36.00 in Sy.No.92 to Mr. G.Venkat Ashwin and further an extent of Acs.32.00 in Sy.No.92 in favour of accused No.1 with an undertaking that if anybody intends to alienate the property they must take consent of other two person, before alienation. Contrary to the alleged understanding, accused No.1 sold land admeasuring Acs.22.00 to accused No.3 under registered sale deed bearing document No.4731 of 2010, dated 27.12.2010 and further remaining extend to accused No.4 under registered sale deed bearing document No.4732 of 2010, dated 27.10.2010 and accused No.5 is the watchmen and supervisor. All the accused conspired together with a malfide intention and created the registered sale deeds with incorrect boundaries to grab the land of the complainant. On 27.12.2020, the accused persons tried to trespass into the land of the complainant and abused her in filthy language and damaged the bunds and trees to a tune of Rs.20,000/-. Hence, the complainant lodged a complaint.

4. Basing on the said complaint, Sub-Inspector of Kowdipally Police Station registered a case in Crime No.33 of 2021, under Sections 141, 120B, 415, 468, 471, 420, 423, 425, 427, 504, 506 read with 34 of I.P.C.

5. Heard Mr. L.Preetham Reddy, learned counsel appearing for the petitioners/accused Nos.1 to 5, Mr. Sai Chakravarthy, learned counsel appearing for respondent No.2 and Mr. E.Ganesh, learned Assistant Public Prosecutor appearing for the respondent-State and perused the record.

6. Mr. L.Preetham Reddy, learned counsel appearing for the petitioners would contend that there are civil disputes between respondent No.2 and the petitioners. The petitioners being bonafide purchasers under registered sale deeds are being pressurized to give back their lands to respondent No.2 for a nominal rate. The same was refused by the petitioners hence, respondent No.2 using the criminal proceedings as a tool to harass the petitioners. Earlier respondent No.2 lodged a complaint against the petitioners on 16.07.2017 alleging that on

13.07.2017, the petitioners have illegally trespassed into the subject property and committed theft by cutting 75 Voil tress. The police Kowdipally registered a case in Crime No.72 of 2017, dated 16.07.2018 under Section 173 of Cr.P.C and filed a final report. The report declared that it is a false complaint lodged by respondent No.2 and closed as “Lack of Evidence” on 10.06.2018. Respondent No.2 also suppressed the fact that she had filed O.S.No.17 of 2018 seeking for injunction and O.S.No.3 of 2021 seeking damages of Rs.1 crore.

7. Learned counsel further contended that the petitioners