Angadi Mallesh v. The State Of Telangana

IN THE HIGH COURT FOR THE STATE OF TELANGANA

AT HYDERABAD MONDAY, THE NINETEENTH DAY OF DECEMBER TWO THOUSAND AND TWENTYTWO PRESENT THE HONOURABLE SRI JUSTICE K.SURENDER CRIMINAL PETITION NO: 11358 OF 2022 Between:

Angadi Mallesh, S/o. Late Balaiah Aged about 46 years, Om Agriculture Rl/o. PIot No.981, H.No.3-1 1 1, Suraram Colony, lDA, Jeedimetla (Post), Hyderabad-500055 AND

...Petitioner

1. The State of Telangana, Rep by its Public Prosecutor, High Court of Judicature at Hyderabad For the State of Telangana

...Respondent No.1

2. P. San.leev Rao, S/o. not known Aged about 56 years, Occ: Government Employee Tahsildar, Quthbullapur Mandal, Medchal-Malkajgiri District Office at Suraram Village, Medchal-Malkajgiri District.

...Respondent No.2/Defacto Complainant

3. Smt. Renuka, W/o. not known Aged about major Occ: Government Employee Mandal Girdawar/Revenue lnspector, Quthbullapur Mandal, MedchalMalkajgiri District Office at Suraram Village, Medchal-Malkajgiri District

...Respondent No.3

Petition under Section 482 of Cr.P.C praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition, the High Court may be pleased to quash all the proceedings against the Petitioner in Crime No. 93112022 on the file of P.S. Dundigal, Cyberabad Commissionerate in the interest of justice.

l.A. NO: 1OF 2022 Petition under Section 482 of Cr.P.C praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition, the High Court may be pleased to stay all further proceedings including appearance,of the petitioner in Crime No. 93112022 pending on the file of Hon'ble Vlll Metropolitan Magistrate, Medchal-Malkajgiri at Medchal pending disposal of the above quash petition, in the interest of justice.

This Petition coming on for hearing, upon perusing the Memorandum of Grounds of Criminal Petition and upon hearing the arguments of Sri PILLI NAGARAJ, Advocate for the Petitioner and of the Additional Public Prosecutor (TG) on behalf of the Respondent No.1 and none appeared for the Respondent Nos. 2 & 3.

The Court made the following: ORDER

THE HONOURABLE SRI JUSTICE K.SURENDER CRIMINAL PETITION No.11358 OF 2A22 ORDER:

This Criminal Petition is filed under Section 482 of the Code of Criminal Procedure, t973 (for short 'Cr.P.C.) by the petitionerAccused seeking to quash the proceedings against him in Crime No.931 of 2022 pending on the file of the Station House Officer, Dundigal Police Station, Cyberabad.

2.

Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the respondent No.1 - State. Perused the record.

3.

A perusal of the record would reveal that the complaint was filed by the Tahsildar, Quthbullapur, Medchal District, stating that the petitioner is a land grabber, filling the quarries with mud in \ Survey No.181 of Suraram village in government land. t 4.

Learned counsel for the petitioner would submit that the land is allotted to DILL to the extent of Ac.2.00 gts. The question of the said land a government land does not arise. Later, W.P.No.19890 of 2022 is filed questioning the action of the respondent Nos.4 and 8 therein in interfering into the physical possession of the petitioners over the subject propefi and W.P.No.13020 of 2021 is filed by the

KS,J Crl.Petition No.11358 of 2022 petitioners questioning the action of the respondent Nos.2 to 4 therein in allotting a part of the subject property in favour of the respondent No.8, as illegal. According to the him, the land belongs to the petitioner. He further submits that the police are harassing l the family members of the petitioner on the basis of this complaint without considering the explanation given under 41-A Cr.P.C. 5.

As seen from the allegations in the complaint, the petitioner was filling up the government land with mud. Whether the said land belongs to the government or petitioner is a subject matter of factual issues and investigation. The explanation given by the petitioner shall be considered by the concerned police and the family members of the petitioner shall not be harassed in the said case. 6.

Accordingly, the Criminal Petition is disposed of. Miscellaneous applications pending, if any, shall stand closed. Sd/- L. SIVAPARVATHI ASSISTAUIIREGISTRAR //TRUE coPY// ,=3#* oFFtcER \ To, 1 . The Vlll Metropolitan Magistrate, Cyberabad at Medchal' Medchal District'

2. The Station House Officer, Dundigal Police Station' Cyberabad'

3. Two CCs to the Public Prosecutor, High Court for the State of Telangana at Hyderabad. (OUT)

4. One CC to Sri PILLI NAGARAJ, Advocate IOPUC]

5. Two CD CoPies.

Njb r IJ

HIGH COURT KS,J DATED:1911212022 ffi.E i$ ?

r-) 21 8E[ 2$u

ORDER

-l t .., CRLP.No.11358 of 2022 ...

_- - -:t -'

DISPOSING OF TIIE CzuMINAL PETTTION *