Telangana High Court
Mansoor Sadruddin vs The State Of Telangana on 21 December, 2020
Author: T. Vinod Kumar
Bench: T. Vinod Kumar
THE HON'BLE SRI JUSTICE T. VINOD KUMAR
Criminal Petition No.6289 of 2020
ORDER:
This Criminal Petition is filed under Section 482 of Cr.P.C. seeking to quash the Crime No.46 of 2020 dated 29.01.2020 on the file of Begumpet Police Station, Hyderabad, registered at the behest of second respondent/de facto complainant against the petitioner herein, who is arrayed accused No.1, for the offences punishable under sections 447, 431 IPC and Section 3 of Prevention of Damages to the Public Properties Act.
2. Heard Sri Muddu Vijay, learned counsel for the petitioner/A.1 and learned Additional Public Prosecutor appearing for the first respondent-State and perused the material placed on record.
3. With the consent of the learned counsel appearing for the parties, the criminal petition is taken up for hearing through Video Conferencing in the virtual Court today, i.e. 21.12.2020.
4. The learned counsel for the petitioner would submit that the petitioner and other accused are inamdars of the land situated in Survey No.194/8/1 of Begumpet, which is abutting Hussainsagar lake. The de facto complainant/second respondent has lodged a complaint with the first respondent authority claiming that the petitioner and others are seeking to disturb the FTL (Full Tank Level) boundaries of Hussainsagar lake. Based on the said complaint made by the respondent no.2, the respondent No.1 authority has registered the above crime against the petitioner, without considering the land pattas held by the petitioners. 2
5. The learned Additional Public Prosecutor, on the other hand, would submit that the petitioner who is only a GPA holder from some persons claiming to be pattadar, when tried to disturb the FTL boundaries of Hussainsagar lake, the second respondent approached the first respondent authority and lodged a complaint and the same is being investigated into by the first respondent investigating agency by having regard to the records maintained by the Irrigation Department authorities showing the actual extent of the lake, FTL and the buffer zone.
6. Having regard to the submissions made as above, this Court is of the view that the respondent police authorities should not be interdicted from proceeding with the investigation into the crime registered by having detailed scrutiny of the Irrigation department records. However, having regard to the nature of the complaint and issue involved, the respondent authority is hereby directed not to take any coercive action against the petitioner subject to the condition that the petitioner shall cooperate with the investigation in the matter and furnish information and documents for the expeditious investigation into the above crime registered.
7. Subject to the above observation and direction, the Criminal Petition is disposed of. Miscellaneous petitions, if any, pending in this criminal petition shall stand closed.
___________________ T. VINOD KUMAR, J Date: 21.12.2020 Isn