THE HON’BLE SMT. JUSTICE K. SUJANA CRIMINAL PETITION NO.6315 OF 2025

ORDER:

This criminal petition is filed under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023, seeking to quash the proceedings against the petitioners/accused Nos.1 to 5 in C.C.No.836 of 2022 on the file of the Principal Judicial First Class Magistrate, Miryalaguda for the offences punishable under Sections 447 and 427 of the Indian Penal Code (for short, "IPC").

2. The facts of the case, in brief, are that on 20.12.2021 at 11:00 hours, the Mandal Revenue Officer, Adavidevulapally, lodged a complaint vide Letter No.B/1046/2019 through his office staff, stating that the villagers of Adavidevulapally, i.e., the petitioners herein, had trespassed into Government land in Sy.No.25 of Adavidevulapally village and mandal and were illegally constructing houses. Based on the said complaint, the police registered a case against the petitioners for the above-stated offences.

3. Heard Sri Hari Kishan Kudikala, learned counsel for the petitioners, and Sri M. Vivekananda Reddy, learned Assistant Public Prosecutor appearing for respondent No.1.

4. Learned counsel for the petitioners submitted that the petitioners are the owners and possessors of their respective houses, as stated in the affidavit filed in support of the petition. They have been residing in the area for more than 50 years and have obtained necessary building permissions from the Gram Panchayat and have been regularly paying property tax. He further submitted that the Tahsildar issued notices dated 03.12.2021, calling upon the petitioners to submit their explanation for construction in Sy.No.25, and threatened demolition of the structures. The petitioners submitted detailed explanations and supporting documents in response.

5. Learned counsel for the petitioners contended that subsequently, another notice dated 13.12.2021 was issued by the then Tahsildar vide Notice No.B/1046/2019, which did not mention the provision of law under which it was issued. Aggrieved by the said notices dated 03.12.2021 and 13.12.2021, the petitioners filed W.P.No.37613 of 2021, wherein this Court granted interim suspension of the impugned notices vide order dated 04.01.2022. He further contended that despite the pending writ proceedings and the absence of a proper enquiry, the charge sheet was filed in a mechanical manner, without conducting any proper investigation, and with a malafide intention to harass the petitioners. Therefore, he prayed the Court to quash the proceedings against the petitioners by allowing this criminal petition.

6. On the other hand, learned Assistant Public Prosecutor opposed the submissions made by the learned counsel for the petitioners stating that there are serious allegations against the petitioners and the veracity of their claims regarding sanction and ownership has to be adjudicated. It is not appropriate, at this stage, to examine whether the petitioners have trespassed or committed any offence, and hence, he prayed the Court to dismiss the criminal petition.

7. In the light of the submissions made by both the learned counsel and a perusal of the material available on record, it appears that the core allegation against the petitioners is that they trespassed into Government land in Sy.No.25 and were constructing houses thereon. However, the petitioners have placed on record that they have been residing in the said area for the past 50 years, and have obtained building permission from the Gram Panchayat vide Proceedings No.1/BP/2021 dated 25.10.2021.

8. It is also evident that the Tahsildar issued notices dated 03.12.2021 and 13.12.2021, directing the petitioners to provide an explanation for their constructions. The petitioners submitted their responses along with necessary documents. Notably, the notices issued do not mention the legal provisions under which they were served, and this Court in W.P.No.37613 of 2021 has already granted interim suspension of the said notices, observing that th