IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD
THE HONOURABLE SRI JUSTICE N.TUKARAMJI
L. Bhaskar – Appellant
Versus
The State of Telangana – Respondent
CRLP 2885/2024
##PAGE1##
IN THE HIGH COURT FOR THE STATE OF TELANGANA
AT HYDERABAD
THE HONOURABLE SRI JUSTICE N.TUKARAMJI
CRIMINAL PETITION No.2885 OF 2024
DATE: 04.05.2026
Between :
L. Bhaksar.
… Petitioner
AND
The State of Telangana
Rep by its Public Prosecutor, High Court of Telangana,
at Hyderabad and another.
… Respondents.
O R D E R:
This Criminal Petition is filed under Section 482 of the
Code of Criminal Procedure, 1973 (for short, “Cr.P.C.”), seeking
quashment of the proceedings in C.C. No. 254 of 2024 on the
file of the VII Additional Metropolitan Magistrate, Cyberabad at
Medchal.
2. Heard Mr. Kaluvala Venkata Vara Prasad, learned
counsel for the petitioner, and Mr. M. Vivekananda Reddy,
learned Assistant Public Prosecutor appearing for respondent
No.1/State. The petitioner is the sole accused for the offence
##PAGE2##2
punishable under Section 506 of the Indian Penal Code, 1860
(IPC).
3. Briefly stated the relevant facts are that, the petitioner
and respondent No.2 are brothers, and the dispute arises out of
a family property. It is the case of the prosecution that when
respondent No.2 intended to sell a plot of land and introduced
prospective purchasers, the petitioner allegedly abused them in
filthy language and threatened them with dire consequences,
including threats to their lives if the property was sold to
outsiders. Based on the said allegations, a case was registered
by Shamirpet Police Station under Section 506 IPC, which,
upon completion of investigation, culminated in the filing of a
charge sheet and taking cognizance in the present calendar
case.
4.1. Learned counsel for the petitioner contends that the
allegations made in the complaint are false, baseless, and
motivated by malice. It is submitted that the subject property
originally belonged to the father of the petitioner and respondent
No.2, who had purchased a house property admeasuring about
234 square yards. Upon his demise, the property devolved upon
their mother. The petitioner claims that he constructed a
residential house on a portion of the said property and has been
##PAGE3##3
in continuous possession and enjoyment thereof, including
payment of property taxes, while the remaining portion has been
kept vacant.
4.2. It is further contended that respondent No.2, being
unable to accept the petitioner’s possession, created fabricated
documents and executed a gift deed in favour of his wife in
respect of a portion of the property with an intention to alienate
the same. When the petitioner questioned such actions and
disputes arose between the parties, respondent No.2 allegedly
lodged the present complaint as a counterblast, out of
vengeance, particularly in view of a writ petition earlier filed by
the petitioner before this Hon’ble Court against respondent No.2
and others.
4.3. The petitioner further contends that the complaint has
been filed with the sole intention of threatening and intimidating
him, and to project undue influence and authority, rather than to
seek legitimate legal redress. It is submitted that when the
petitioner resisted and questioned the alleged illegal acts of
respondent No.2, the latter, with ulterior motives, lodged a false
complaint to harass the petitioner. It is further contended that
even if the allegations in the complaint are taken at face value,
they do not disclose the commission of any offence, much less
##PAGE4##4
the offence punishable under Section 506 IPC. Therefore, the
continuation of the criminal proceedings amounts to an abuse of
the process of law, warranting interference by this Court under
Section 482 Cr.P.C. Accordingly, the petitioner seeks quashing
of the proceedings.
5.1. Per contra, respondent No.2 opposes the present
Criminal Petition, contending that the same is not maintainable
either in law or on facts and submitted that the petitioner and
respondent No.2 are brothers. The subject property
admeasuring 234 square yards situated at Laxmapur Village
was originally acquired by their father and subsequently
partitioned pursuant to a Family Settlement dated 02.05.2007.
Under the said set
Login now and unlock free premium legal research
Login to SupremeToday AI and access free legal analysis, AI highlights, and smart tools.
Login
now!
India’s Legal research and Law Firm App, Download now!
Copyright © 2023 Vikas Info Solution Pvt Ltd. All Rights Reserved.