: O R D E R :

1. This Criminal Petition has been filed under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short, ‘the BNSS’), by the petitioner/accused No.3 seeking to quash the proceedings in F.I.R.No.18/RCO-ACB-KMM/2025 dated 22.11.2025 of Police Station ACB Khammam Range, Khammam District, registered for the offences punishable under Sections 13(1)(d) read with 13(2) and 7(c) of the Prevention of Corruption Act, 1988 (for short, ‘the PC Act’).

2. Brief facts of the case:

The case arises out of a vigilance enquiry which revealed that the endowment land belonging to Sri Seetharamachandra Swamy temple situated at Kachirajugudem village, to an extent of Ac.124.06 guntas and valued at approximately Rs.10 crores, was unlawfully encroached. It is alleged that the petitioner-Accused Officer No.3 along with other Accused Officers, while serving in various capacities in the office of the Tahsildar, Khammam Rural Mandal, abused their official positions by issuing pattadar passbooks in favour of encroachers without lawful registration relating to the endowment land, thereby conferring undue pecuniary advantage and acting dishonestly in discharge of public duties. Upon examination of the vigilance report, dated 09.02.2021, the Government of Telangana accepted the recommendations for legal action and entrusted the matter to the Anti-Corruption Bureau, Telangana State, for investigation. On verification of records, witnesses statements and relevant documents, prima facie material was found disclosing the commission of the offences punishable under Sections 13(1)(d) read with 13(2) and Section 7(c) of the Prevention of Corruption Act, 1988 (as amended in 2018), and Section 120-B read with Section 34 of the Indian Penal Code, 1860. Accordingly, Crime No. 18/RCO-ACB-KMM/2025 was registered on 22.11.2025 and the investigation was taken up.

3. Heard Mr. M. Surender Rao, learned Senior Counsel representing Mr. Rama Rao Kilaru, learned counsel for the petitioner, and Mr. T. Bala Mohan Reddy, learned Special Public Prosecutor for CBI appearing on behalf of the respondent.

4. Submissions of learned counsel for the petitioner:

4.1. Learned Senior Counsel submitted that the petitioner has not committed any offence and he has been falsely implicated in the present crime. He further submitted that the petitioner worked as Tahasildar, Khammam Rural, during 28.06.2005 to 20.11.2006 and discharged his official duties and issued pattadar passbooks in favour of one Suryanarayana in respect of land to an extent of Ac.4.20 gts. in Sy.No.415/AA of Kachirajgudem Village of Khammam Rural Mandal on production of registered sale deed bearing document No.178 of 2006 dated 25.01.2006 executed by Addanki Yaladri, who figured as pattadar in 1-B register and pahanis of relevant years. The petitioner has also issued another pattadar passbook in favour of Smt. Addanki Narsamma in respect of land admeasuring Ac.0.23 gts., and Ac.2.21 gts., in Sy.No.414 and 415/AA respectively, as her husband’s name was registered in 1-B register and his name was figured in pahanis in several decades as pattadar. The petitioner being a public servant performed his duties while exercising the powers conferred under the provisions of the Andhra Pradesh/Telangana State Rights in Land and Pattadar Pass Books Act, 1971, (for short, ‘the RoR Act’) and he did not commit any offence.

4.2. He further submitted that the prosecution registered the crime for the offences under Sections 13(1)(d) read with 13(2) and 7(c) of the P.C. Act, solely based upon report given by the Vigilance & Enforcement Department dated 09.02.2021, wherein it is alleged that the petitioner with a dishonest intention issued pattadar passbooks in respect of the land belonging to Sri Seetha Rama Chandra Swamy temple, Kachiragu Gudem, Khammam District, though the petitioner had issued the pattadar passbooks after following the due procedure as contemplated under the provisi