The High Court dismissed a Criminal Petition under Section 482 CrPC seeking quashing of proceedings under Section 145 CrPC initiated by an Executive Magistrate alleging potential breach of peace over land and an agreement dispute.
The Criminal Petition was dismissed and pending miscellaneous applications were disposed of.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD
FRIDAY ,THE THIRD DAY OF MARCH TWO THOUSAND AND TWENTY THREE
PRESENT
THE HONOURABLE SRI JUSTICE K.SURENDER
CRIMINAL PETITION NO: 6462 OF 2022
Between:
Polepally Pulla Reddy, S/o. Raghava Reddy, Aged about 50 years, Occ. Agriculture, Rl/o. H.No.5-1-2, Kesamudram Village and Mandal, Mahabubabad District, PIN - 506112.
...PETITIONERYRESPONDENT
AND
...RESPONDENT/COMPLAINANTS
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 call for the records pertaining to the proceedings of the 2nd respondent in RC.No.8/444 t2021 , daled 12.07 .2022 and the same may be quashed to enable the petitioner for cultivating of his land in Sy.Nos.399/6411,39916412 and 399/62 to an extent of Ac.3.21 gts situated at within the shivar of Kesamudram Village and Mandal, Mahabubabad District.
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 suspend the proceedings of the 2nd respondent in RC.No.8/44412021 , dated 12.07.2022 and the same may be quashed to enable the petitioner for cultivating of his land in Sy.Nos.399/6411 , 39916412 and 399/62 to an extent of
4c.3.21 gts situat' d al within the shivar of Kesamudrani /illage and [Vandal, Mahabubabad Dist 16t, 6rending finalization of the Criminal Pr:tilion.
This Petitior corring on for hearing, upon perusing the \4emorandum of Grounds of Crimin, I I)etition and upon hearing the argumer ts; of Sri J.Kanakaiah, Advocate for the P titroner and the Public Prosecutor on betr;: f of the Respondent Nos.1 ,2&5 and of 4/:; T.Bala Jayasri, Advocate for the Resp ortdert No.3
The Court n ade the following: ORDER
!:
THE HONOURABLE SRI WSTICE K.SURENDER
CRIMINAL, PETITION No.6462 of 2022
ORDER:
2
possibilify ol li1r, and order situation. Thr: rea;r:n :eing, on the basis of assr ranoe of this petitioner, 3.d respon<t:nt [ried memo to withclrarv tht IiP proceedings, on the assurarlc().,hat the amount rvould be p, ic by this petitioner. The Ilxecuti,rn Petition was dismissed. I o'vever, after fi1ing of the said-n,:m,: by the 3.a respondent, -he petitioner failed to pay the arnrturLt which was agreed upon [n the said circumstances, the Tatl,,ilder found that both the pa tir:s would try to occupy tht, 1anrls fcrcibly, which would create .aw and crder problems.
J
Court doe s not find any inlirmity in the order of the learned
Executive Magistrate
miscellaneous applications pending, if any, shall stand disposed.
Sd/. K. VENKAIAH ASSISTANT REGISTRAR
//TRUE COPY//
SECTI OFFICER
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HIGH COUR T
DATED:0310312023
ORDER
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CRLP.No.64i2 of 2022
DISMISSING THE CRL.P
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2 issues framed by the court
Whether the proceedings u/s 145 Cr.P.C were properly initiated to prevent breach of peace between the parties.
Whether the Criminal Petition under Section 482 CrPC ought to be allowed to quash the impugned order.
2 provisions across 1 enactments
Polepally Pulla Reddy
The State of Telangana
The Tahsildar and Executive Magistrate, Kesamudram
Bollam Dayakar
Banoth Bhagawan
The Superintendent of Police
K. SURENDER
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
