Disposed

Muthireddy Yadigir Reddy v. The State of Telangana

Telangana HC13 Feb 2025CRLP/2107/2025

Case brief

AI extract

What is this about?

Petitioners sought quashing of an FIR alleging trespass, threats and coercion over laying a road through the defacto complainant's land. The court found specific allegations and witness statements supporting the offences and refused to quash, directing investigation per law including Section 41-A Cr.P.C. notice.

What did the court decide?

Investigation directed strictly in accordance with procedure laid down under law; miscellaneous petitions closed.

Muthireddy Yadigir Reddy Vs The State of Telangana — Quashing and FIR | Telangana HC (2025)

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[³¹⁶⁸ ]

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IN THE HIGH^{COURT FOR THESTATEOF TELANGANA} AT HYDERABAD

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THURSDAY, THE^{THIRTEENTHDAY OF FEBRUARY} TWO THOUSAND AND^TWENTYFIVE

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PRESENT

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THE HONOURABLE^{SRI JUSTICEK.LAKSHMAN}

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CRIMINAL PETITIO^{NNO :2107 0F 2025}

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Between:

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1 [/uthireddy Yadigir Reddy,^{S/o.tVluthireddy Gopal Reddy' Aged70 years'Ex-} lVlLAJangaon,RioH.f'to.Z-a23tA'Padmalayamstreet,StreetNo'1'Near Ramalayim, Habsiguda,^{Hyderabad,Telangana State}

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2 Bhureddy Pramod-^{Reddy. S/o Sathi Reddy Aged about39 years Occ} Agriculture, R/o. Balaji^{NagarJangaon, Jangaon District}

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...PETITIONER/ACCUSED^{1 & 2}

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AND

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1 The State of Telangana,^{Rep by its Public Prosecutor, High Court of} Telangana at Hyderabad.

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....RESPONDENT/COMPLAINANT

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Gadipelli Raju^{Ralender Reddy, S/o Abbareddy Agedabout42 yearsOcc} Working in Austrilia^{Rlo Cheetakodur, Jangaon,Jangaon District}

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...RESPONDENT/DE^{FACTO COMPLAINANT}

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Petition under section^{528 of BNSS praying that in the circumstances} stated in the Memorandum^{of Grounds of criminalPetition,the High court may-be} pieaseo to quash the rmpugned^{FIR vide crime} _^{No.24012024dt.13-04-2024} iegistered by the^{p.S Jagaon,-Warangal against the Petitioners/Accused herein in} the interest of^{justiceandequity.}

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l.A. NO: 2 OF 2025

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PetitionunderSection52BofBNSSprayingthatinthecircumstances stated in the Memorandum^{of Grounds of criminalPetition,the High courtmaybe} pi"rt"O to grant stay of all^{further proceedingspursuantto the impugned FIR No'} 24012024 aLfi-Oq-Z3Zq^{registered by the P.S.Jangaon,Warangal District, whrch} is on the file of the file^{of P-rincipal Judicial First-class Magistrate,at langaon.For} theallegedoffencesUnderSection.44T,42Tand506R/w34oflPCincluding arrest aid^{personal appearanceof the petitioner pending disposalof the present} Criminal Petition.

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This Petition coming on for hearing, upon^perusing the Memorandum of Grounds of Crinrinal Petrtion and upon hearing the arguments of Sri RVR Associales, Advocate for the Petitioner and the Assistant Public Prosecutor (TG) on behalf of the Respondent No.1^.

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The Court made the following: ORDER

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,/ //

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IION'tsLE SRI JUSTICE^{K. LAKSHMAN}

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CRIMINAL PEI'lI'ION^{Ntt. 2107 rol- 2$25}

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oRAL ORDER:

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Heard Mr. Dontireddy^{Venkat Reddy, learngd SeniorCounsel} representing^{Irzl/s RVR Associates, leamed counselfor the petitioners} and leamed Assistant^{Public Prosecutor, appearingfor respondents'}

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This Criminal Petition^{is filed by the petitionersunder} Section - 528^{of rhe BharatiyaNagarikSuraksha Sanhita(for Short} 'BNSS') to quash Cr.No.240^{of 2024 dated 13'04'2024 pending on the} file of Janagaon Police^{Station, WarangalDistrict againstthe} petitioners/accused^{Nos.1 and 2 for the offences punishableunder} Sections 447,421^{and 506 read with 34 ollPC}

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The allegations^{levelledagainst the petitioners hereinare} that 2,,d respondenVdefacto^{complainant is havingland to an extent of} Ac.5.2TguntasinSy.No.214situatedattheoutskirtsofChitakondur Vitlage. A.l, Ex-MLA,^{is the adjacent land owner which he purchased} fi'orn A.2. There^{is no approach road to the said land' So the} petitioners herein, in^{the absenceof 2nd respondent, criminally} trespassed into^{the land of 2"d respondent, poured some soil and} levetled the road^{to their land without any permission'On noticingthe}

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said incident, workers of^{2ndrespondent informedthe same to 2nd} respondent over phone.^{'l'hen, 2nd respondentaskedthem to stop the} said work as there is no^{approach way to theirlandfrom his tand. On} 09.12.2023, A.2 came to^{his houseand askedhim to give his land for} laying road for rvhich he will^{get funds from govemment.A. 1 also} threatened 2''d respondent that if^{he refuses, he would get a criminal} case be registered against him.^{Againon 19.02.2023, A. I threatened} mother of 2''d respondent stating that^{he will file a case if she did not} heed his words. On the same day^{evening, A.l took away the JCB of} 2nd respondcnt ll'om his land and^{got fileda false caseby A.2 against} him stating that 2nd respondent is removing^{the government roadwith} JCB. In the said case, JCB^{was seized and produced befbre the Courl-} Due to the said ittegal acts of^{A.1,2nd respondent did not get his} passport renewed and go to USA. Just^{because of not givinga way to} A.l, A.l and A.2 filed a false case^{against2nd respondent, threatened} his mother and prevented him^{going to USA. Therefore,he sought} necessary action against the petitioners^{herein/A.1and A.2-}

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Leamed Senior Counsel appearing for^{petitionerswould} contend that l" petitioner is a^{public representative and 2nd respondent} dragged the 1't petitioner into the^{present litigation, There is no}

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specific allegation^{againstthe petitionersherein-The contentsof the} complaint lacks ingredients of^{the offences alleged against the} petitioners in Cr.No.240 of^{2024. The InvestigatingOfficer in the} subject crime has^{completed investigationand laid chargesheet} against the petitioners^{hereinon 13.04.2024itself' Cr'No'798of 2023} was registered against^{2nd respondent and others on the complaint} lodged by A.2 herein.^{The 2nd respondent filed a criminalpetition} under Section 482 of Cr.P.C.^{to quash the proceedings in Cr'No'798 of} 2023.^'l'his court disposed^{of the said criminalPetition directing the} Investigating Officer to^{complete investigation-}

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Whereas, leamed^{Asst.Public Prosecutor,on instructions,} would submit that the^{InvestigatingOlficer has recordedthe} statements of six witnesses^{in the present crimeand the Investigating} Ofllcer has addressed a^{letterdated15.04.2024 to the Tahsildar,} Jangaon with a request to^{fumishthe lollowinginfonnation:-}

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Whcther any I'athway or^{road(NakshaBata) to the Sy'No'39} through the Sy.No.214, if any^{pathway or road exist- providcthe} ceflified copies of Naksha^bata,

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As thc said survey numbers^{are the boundariesof two villages so} clarify u'hethcr any^{pathway or road between them with proper} evidence, for the purpose of investigation.

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On receipt of the said information,^{the lnvestigating Officer will} complete the investigation and file final report.

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Thus, Prima facie, there are specific^{allegations againstboth} the petitioners herein. According to the complaint^{dated 13.04.2024,} the 1" petitioner went to the house of^{2nd respondenton 09.12.2023} and threatened him to sell the property belongs to him to the^1" petitioner so that he will allot funds to him for the^purpose of^laying road. Again, l" respondent threatened^2nd respondent over^{phone on} 19.02.2023 .^-fhus, there are specific allegations against^{the petitioners} herein. The Investigation is pending. Prima facie.^{the contentsof the} complaint constitute the offences alleged against both^{the petitioners} herein. This is not a rarest of rare case to^quash the subject^crime.

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As discussed supra, during the course of investigation,^the Investigating Officer recorded the statements of six^{witnessesi.e.2nd} respondent as L.W. 1, his mother as L.W.2, employees of the^2'd respondent as L.Ws.3 and 4, residents of his village as L,.Ws.5 and^6. All of them. in one voice stated that the petitioners have threatened^the 2'd respondent and his mother. Therefore, prima facie.,^thereare specific allegations against both the petitioners herein.

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In Skoda Auto^{VolkswagenInditt Private Limited v' The} Slate of^{Uttar Pradeshl, the Hon'ble Supreme Court refeningto the} various^{judgmentsrenderedby it categoricallyheld that the High} Courls^{in exercise of its inherent powers under Section482 of Cr'P'C} has to^{quashthe proceedingsin criminalcasesin rarest of rare cases} with extreme caution'^{This is not a rarest of rare case to quash the} subject FIR.

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The^{punishment lor the offencesallegedagainstthe} pctitioners is^{below seven (7) years' Therefore' the Investigating} Oflrccr in Cr.No.240^{of 2024 has to follow the procedure laid down} under Section^{4l-A of Cr.P.C.}

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As discussed^{supra, the subject crime was registeredon} 13.04-2024.^{The lnvestigating Officerhas not even served notice} ur.rder Section^{41-A of crPCon the petitioners herein. He is waiting} tbr the infbrmation^{frotn the Tahsildarconcemed'Even then' they} have filed^{the presentpetition to quash the subjectFIR'}

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I l. In the^{light of the aforesaid discussion'this criminal petition} is disposed^{of directingthe InvestigatingOfhcer in Cr'No'240of 2024} pending on the^{file of the Janagoan Police Station'to conduct}

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'.^{ArR2021SC931,}

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investigation strictly in accordance with the procedure laid down

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under law.

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As a scquel thereto, miscellaneous petitions, if any, pending in

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the crirninal petition shall stand closed.

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