J. Damodar Rao v. The State Of Telangana

THE HON'BLE DR. JUSTICE B.SIVA SANKARA RAO CRIMINAL PETITION No.6665 OF 2017 ORDER:

Heard learned counsel for the petitoners/A1, A2, A4 and A5 of C.C.No.269 of 2017 on the file of the XX Metropolitan Magistrate, Cyberabad at Malkajgiri, taken cognizance by the learned Magistrate for the offences punishable under Sections 447, 427, 506, 509 and 120-B of IPC and also heard the learned public prosecutor, representing the 1st respondent - SHO, Kushaiguda Police Station, before ordering notice to the 2nd respondent and perused the grounds urged in the petition and the police final report and the material filed in support of this petition. 2.

Even according to the very case of the petitioner, the rival claims are in relation to Plot Nos.78 and 107, situated in Survey Nos.188 and 189 of Cherlapally Village, Ranga Reddy District. There are civil disputes in relation to Plot No.107. 3.

It is the contention of the petitioner that thereby it is of civil in nature. Though the Court is unable to accede to the said contention, such a contention is left open if at all to raise before the trial court after appearance by filing application for discharge to decide on own merits from such material on record.

4.

Accordingly and with the above direction, this Criminal Petition is disposed of. Miscellaneous petitions pending consideration, if any, in this case shall stand closed in consequence.

_____________________________ DR.B.SIVA SANKARA RAO, J 03.08.2017 SS