CRLP/14647/2024 of Puskuri Arun Vs The State of Telangana on 7 January 2026

:ORDER:

This Criminal Petition is filed under Section 528 of the Bharatiya quash the proceedings against him in F.l.R.No.255 of 2024 of Dharmasagar Police Station, Warangal District, registered for the offences under Sections 329(3) and 303(2) of the Bharatiya Nyaya Sanhita, 2023.

Heard Mr. Kondaparthi Srinivasa, learned counsel for the petitioner, Mr. Baglekar Akash Kumar, learned counsel for respondent No.2-de faclo complainant and [\/r M.Ramachandra Reddy, learned Additional Public Prosecutor appearing for respondent No.1-State Perused the record 07 JANUARY, 2026 Nagarik Suraksha Sanhita, 2023, by the petitioner-accused seeking to --

The prosecution case, in brief, is that the de facto complainant received land as a marriage gift from her father, which she and her husband have been cultivating, though it was not registered in her name due to an issue in Dharani portal On 11.11 2024. the petitioner and his associates criminally trespassed rnto Ac.1.00 gts. of the land belonging to the de facfo complainant and committed theft of paddy crop worth Rs 45 000/-

4. Learned counsel for the petitioner submits that the petitioner has been falsely implicated in the present case to settle the property disputes, which are purely civil in nature. There is an unexplained delay in lodging the complaint. The petitioner is the absolute owner and possessor of agricultural land admeasuring Ac.1 .00 gts in Sy.Nos.65/tu2, 641N1 and 651812 situated at Rampur Village, Kazipet Mandal. Hanamkonda District (hereinafter referred to as 'subject property'), having purchased the same from the grandfather of the de facto complainant under a registered sale deed bearing document No.220 of 2022, dated 03 02.2022, and was issued a pattadar passbook. He later sold Ac.0.20 gts. to one Dasyam Abhinavya Bhasker by a registered sale deed bearing document No.235 oI 2022, dated 25.02.2022. The civil suit filed by the de facfo complainant against her family members does not cover the petitioner's land and the said suit is pending adjudication. on coming to know about the registered sale deed /.

in favour of the petitioner, the de faclo complainant lodged the present complaint against hirn. The alleged incident did not occur, the complaint lacks schedule of the property and specific accusations against the petitioner, and the Police registered the case without verifying the essential ingredients of the offences, due to the political influence of the de facto complainant Thus, he prayed to quash the proceedings against the petitioner

Learned counsel appearing for respondent No.2-de facto complainanl submits that the petitioner criminally trespassed into the property belonging to the de facfo complainant and damaged the paddy crop. All the allegations levelled in the complaint are subject matter of investigation. As the investigation is at a nascent stage, the criminal proceedings should not be quashed. Relying on the judgments of the Hon'ble Supreme Court in Tilly Gifford v. Michael Floyd Eshwar and anotherl and Punit Beriwala v. State of NCT of Delhi and others2, learned counsel submitted that the power under Section 482 of Cr.P.C. should not be exercised to interdict criminal proceeding at the investigation stage, unless clear malafides are shown. Hence, he prayed to dismiss the petition. ' (20t8) I I scc 205 ! 1025 scc online sc 983

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Learned Additional Public Prosecutor also contended on the similar lines of learned counsel for respondent No.2

7. The record discloses that there are disputes between the parties with regard to the subject property, which are purely civil in nature. Although the alleged incident had occurred cjn 11.11.2024, the present complaint was lodged on 15.11.2024, with no explanation provided for the delay. B The petitioner has placed on record the registered sale deed bearing document No.220 of 2022, dated 03.02.2022 and the pattadar passbook, evidencing purchase of the subject property by him from one Totte Mallaiah, the grandfather of the de facto complainant. He has also placed the registered sale deed bearing document No.235 of 2022, dated 25.022022 showing sale of Ac0.20 gts out of total extent of subject property i.e., Ac'1 .00 gts. to a third party. These registered documents, being public documents carrying a statutory presumption of validity, prima facie establish the lawful title and possession of the petitioner over the subject property and the same cannot be discredited on the basis of vague and unsubstantiated allegations made by the de facto complainant in the complaint

9. lt is bo1ne out from the record that there are property disputes between the de facto complainant and her family members, in respect of

To, which a civil suit is pending, wherein the ownership of the parties therein will be decided. As the subject property was sold by the grandfather of lhe de facto complainant to the petitioner, it appears that the de facto complarnant has implicated the petitioner in the present case 10 Apart from that, the de facto complainant has not produced any material evidence or photographs to establish her ownership or possession over the subject property, or to substantiate the allegation of trespass and theft of paddy by the petitioner. ln the absence of such incriminating material, the allegation that the petitioner trespassed into the subject property and committed theft does not anse

11. Accordingly, this Criminal Petition is allowed, quashing the proceedings against the petitioner-accused in F.l.R.No.255 of 2024 of Dharmasagar Police Station. Warangal District Pending miscellaneous applications, if any, shall stand closed. SD/. M. NAGAMANI ASSISIANT REGIST //TRUE COPY// SECTION OFFICER

1. The I Additional Judicial First Class lvlagistrate at Hanmakonda, Warangal District.

2. The Station House Officer, Dharmasagar Police Station, Warangal District.

3. One CC to Sri Kondaparthi Srinivasa, Advocate [OPUC]

4. Two CC to Public Prosecutor, High Court of Telangana at Hyderabad.[OUT]

5. One CC to Sri Baglekar Akash Kumar, Advocate [OPUC].

6. Two CD Copies s

HIGH COURT DATED:0710112026

ORDER

CRLP.No.14647 of 2024 CRIMINAL PETITION IS ALLOWED ,L I ,l

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