IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD THE HON’BLE SMT. JUSTICE JUVVADI SRIDEVI CRIMINAL PETITION No.11743 of 2024

22^ND JANUARY, 2026 Between:

Erolla Kishan and 3 others. … Petitioners AND The State of Telangana Rep. through Public Prosecutor and 1 other. …Respondents

ORDER :

O R D E R

This Criminal Petition is filed by the petitioners-accused Nos.1 to 4 seeking to quash the proceedings against them in C.C.No.355 of 2023 on the file of Judicial First Class Magistrate at Narsapur, Medak. The offences alleged against the petitioners are under sections 447, 427, 324, 506 read with 34 of Indian Penal Code (for short ‘IPC’).

2. Heard Mr.Pramod Singh, learned counsel for the petitioners- accused Nos.1 to 4 and Mr.M.Ramachandra Reddy, learned Additional Public Prosecutor for the State. There is no representation on behalf of respondent No.2. Perused the record.

3. In brief, the case of the prosecution is that the father in law of de facto complainant has purchased a house from one villager namely Erolla Prakash for an amount of Rs.82,000/- in the presence of village elders on bond paper 20 years back, which is located in Gramakantam in his village. The de facto complainant was residing in the same house by obtaining house number and electricity meter for the said house. In the year 2023, when the house has been demolished due to heavy rains and while de facto complainant was reconstructing the house, on 11.05.2023 the petitioners herein attacked the construction workers with shovel and sticks and also obstructed the construction work and injured the father of the de facto complainant and threatened with dire consequences. Hence, the respondent No.2 filed the present criminal petition.

4. Learned counsel for the petitioners submits that the petitioners herein are the absolute owners and possessors of the land bearing Sy.No.244/1, admeasuring Ac.0.65 gts, situated at Salabathpur village, Kowdipally Mandal, Medak District and the Revenue Authorities granted the “Rythuvari Patta” certificate to the petitioners after conducting appropriate enquiry and panchnama and issuing notices to the villagers. It is further submitted that de facto complainant along with his other family members tried to encroach the property of the petitioners and due to constant interference with the peaceful possession of the said property, petitioner No.1 has filed O.S.No.64 of 2023 on the file of Junior Civil Judge-cum-Judicial Magistrate of First Class at Narsapur, Medak District, wherein an ad interim injunction vide I.A.No.210 of 2023 dated 17.04.2023 was granted in favour of petitioners. Aggrieved by the said order, the de facto complainant filed present complaint on 11.05.2023. Upon which, the petitioners also filed W.P.No.29459 of 2024 before this Court against the de facto complainant and this Court vide order dated 18.11.2023 disposed of the writ petition directing the official respondents not to interfere in civil disputes. The complaint filed by the de facto complainant in only a counter blast to the cases filed by the petitioners against the de facto complainant before the civil Court and this Court.

5. It is further submitted that by suppression of facts that civil disputes are pending between the petitioners and de facto complainant, the present complaint was lodged by the de facto complainant, only to give the civil dispute a criminal colour. Hence, he prays to allow the petition.

6. On the other hand, learned Additional Public Prosecutor contended that 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. Hence, he prayed to dismiss the petition.

7. On perusal of the material, it is evident that civil suit vide O.S.No.64 of 2023 was filed by the petitioner No.1, wherein an interim order was granted in his favour on 17.04.2023. Hence, there is no question of trespassing by the petitioners into their own land. Aggri