Telangana High Court
CRLP/11743/2024 of Sri. Vrolia Kishan Vs The State Of Telangana on 22 January 2026
COURT FOR THE STATE OF TELANGANA // AT HYDERABAD THURSDAY, THE TWENTY SECOND DAY OF JANUARY TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SMT JUSTICE JUVVADI SRIDEVI CRIMINAL PETITION NO: 11743 OF 2024 Between: 1. Sri. Erolla Kishan, S/o. Balaiah, Age.52 years, Occ. Agriculture, R/o. H.No.
IN THE HIGH COURT FOR THE STATE OF TELANGANA // AT HYDERABAD
THURSDAY,THE TWENTY SECOND DAY OF JANUARY
TWO THOUSAND AND TWENTY SIX
PRESENT
THE HONOURABLE SMT JUSTICE JUVVADI SRIDEVI
CRIMINAL PETITION NO: 11743 OF 2024
Between:
1. Sri. Erolla Kishan, S/o. Balaiah, Age.52 years, Occ. Agriculture, R/o. H.No. '1- 90, Salabathpur (v), Kiwdipally (l\I), Medak District.
2. Erolla Narsamma @ Nagamani, Wo. Kishan, Age. 46 years, Occ. Agriculture, R/o. H.No. '1-90 Salabathpur (v), Kowdipally (M), Medak District.
3. Prameela, D/o. Kishan, age. 21 years, Occ. Agriculture, R/o. H.No.'l-90, Salabthpur (v), Kowdipally (M), Medak District,
4. Erolla Ramesh @ Ramu, S/o. Kishan, Age 21 years, Occ. Agriculture, R/o.
H.No.1-90, Salabathpur (v), Kowdipally (lM), Medak District.
1 The State Of Telangana,
Telangana, Hyderabad.
... Petitioner/Accused
AND
Rep. by its Public Prosecutor, High Court of
2. Sri Jakkapally Srinivas Goud, S/o. Narsagoud, Aged. 35 years, Occ Agriculture, R/o. Salabathpur Village.
...Respondent
Petition under Section 528 of BNSS praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition, the High Court may be pleased to Allow this criminal petition and quash the C.C. No. 355 of 2023 on the file of the Judicial First Class lVlagistrate at Narsapur, I\rledak, against the petitioners.
Petition under Section 528 of BNSS praying that in the circumstances stated in the [\/emorandum of Grounds of Criminal Petition, the High Court may be pleased to Stay all further proceedings including appearance of petitioners in C C. No 355 of 2023 on the file of the Judicial First Class Magistrate at Narsapur, lVledak, pending disposal of criminal petition
l.A. NO: 2OF 2024
This Petition coming on for hearing, upon perusing the lvlemorandum of i3rounds of Criminal Petition and upon hearing the arguments of tt/lr N VISHNU
',,/ARDHAN REDDY, Advocate for the Petitioners and Mr M.RAMACHANDRA
llEDDY, the Additional Publrc Prosecutor on behalf of the Respondent No.1 and none appeared for the Respondent No.2.
'fhe Court made the following: ORDER
R
E
R
o
IN THE HIGH COURT FOR THE STATE OF TELANGANA
AT HYDERABAD
CRIMINAL PETITION No.11743 ot 2024
22ND JANUARY,2026
Between:
Erolla Kishan and 3 others.
... Petitioners
AND
The State of Telangana
Rep. through Public Prosecutor and 1 other
.. . Respondents
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ORDER:
D 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, lVedak The offences alleged against the petitioners are under sections 447,427,324,506 read wrth 34 of lndian Penal Code (for short'lPC')
2. Heard Mr.Pramod Singh, learned counsel for the petitioners- accused Nos.1 to 4 and [Vlr.lVl.Ramachandra Reddy, learned Additional Public Prosecutor for the State. There is no representation on behalf of respondent No.2. Perused the record THE HON'BLE SMT. JUSTICE JUWADI SRIDEVI
E
ln 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.82,0001 in the presence of village elders on bond paper 20 years back, which is located in Gramakantam in hrs village. The de facfo complainant was residing in the same house by obtaining house number and electricity meter for the said house. ln the year 2023, when the house has been demolished due to heavy rains and while de facfo complainant WAS reconstructing the house, on 11 05.2023 the petitioners herern 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.244l'1 , admeasuring Ac 0.65 gts, situated at Salabathpur village, Kowdipally Mandal, t\/edak 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 facfo 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 sard property, petitioner No 1 has filed O S.No.64 of 2023 on the frle of Junior Civil Judge-cum-Judicial [/lagistrate of First Class at Narsapur, Medak District, wherein an ad interim injunction vide l.A No.210 of 2023 dated 17.04 2023 was granted in favour of petitioners. Aggrieved by the said order, the de facfo complainant filed present complaint on 11.052023. Upon which, the petitioners faclo 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 and this Court lt 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 also filed W P No 29459 of 2024 before this Court against the de petitioners against the de facfo complainant before the civil Court -
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. Aggrieved by the said order, the de facfo complainant filed the present complaint on 1 1 05 2023 Hence, it appears that the civil case is given a criminal texture only to harass the petitioners. Further, it is apparent that the order in writ petitton also is in favour of the petitioners ln view of the above observations. the proceedings against the petitioners are liable to be quashed B Accordingly, this Criminal Petition is allowed, quashing the proceedings against the petitioners-accused Nos. 1 to 4 in C.C.No.355 o'f 2023 on the file of Judicial First Class Magistrate at Narsapur. tMedak
[/liscellaneous applications, if any pending, shall stand closed. Sd/- V. HARI PRASAD DEPUTY REGISTRAR
To, ,TRUE COPY// SECTION OFFICER
1. The Judicial First Class lvlagistrate at Narsapur.
2. The Station House Officer, Kowdipally Police Station, Ir4edak Dist,
3. Two CCs to the Public Prosecutor, High Court for the State of Telangana, at Hyderabad. [OUT]
4. One CC to Mr. N VISHNU VARDHAN REDDY, Advocate [OPUC]
5. Two CD Copies \ %
S E H
HIGH COURT DATED: 2210112026
ORDER
CRLP.No.11743 of 2024 (
? B i:t o c)
* .T Accordingly, this Criminal Petition is Allowed.
bAT *fu