Telangana High Court
Gokul Narne vs Panjala Suresh Goud on 28 July, 2022
Author: Chillakur Sumalatha
Bench: Chillakur Sumalatha
THE HON'BLE DR. JUSTICE CHILLAKUR SUMALATHA
CRIMINAL PETITION No.810 OF 2022
ORDER:
Seeking to quash the proceedings that are pending against the petitioner, who is arrayed as accused No.1 in C.C.No.950 of 2021 on the file of the Court of Additional Judicial Magistrate of First Class, Bhongir, the present criminal petition is filed.
2. Heard the submission of learned counsel for the petitioner as well as learned Assistant Public prosecutor.
3. Learned counsel for the petitioner, during the course of his submission, projected that the procedure as required under Section 202 of Cr.P.C was not followed and further the statements of the witnesses were not recorded before the Court taking cognizance. Learned counsel also submits that the complaint itself is based on false allegations and that respondent No.1 initially gave a complaint to police, the same was referred as false and that the dispute is civil in nature, but again he filed a private complaint before the Court and the Court took cognizance of the offences punishable under Sections 379, 447, 427, 452, 384, 504, 109 and 120-B of I.P.C and indeed none of the provisions attract to the facts of the case. 2
4. The contents of the complaint in nutshell are that on 30.01.2021, the accused persons, eight in number, and their anti social elements approached the agricultural land of the defacto complainant, which is located at Bibinagar, with weapons, guns and knives and they tried to trespass into the land illegally and to damage the physical features and created a panic situation. It is also narrated that the said acts were recorded over mobile phone. It is further mentioned that the complainant was in possession of the land in question since ten years and even the Special Tribunal, Yadadri Bhongir District, also passed an order dated 02.02.2021 in his favour and against Narne Estates Company. But on 30.01.2021, the said Company sent the accused and their anti social elements to his agricultural land with weapons and the accused warned and threatened to kill anyone, if they obstruct them in occupying the said land. It is also narrated that the complainant filed W.P.No.10410 of 2020 and on merits this Court passed an order in his favour. It is further mentioned that the police without investigating into the case properly, has closed the case.
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5. The material available on record also discloses that the sworn affidavit of the complainant was filed and it was taken into consideration by the concerned Court.
6. Learned counsel for the petitioner mainly projected on the enquiry to be conducted, in case the accused resides at a place beyond the area in which the Court exercises its jurisdiction. However, when the contents of the complaint are looked into, this Court finds that some of the accused are residing within the jurisdiction of the Court concerned. Therefore, the analogy that is projected cannot be relied upon. However, this Court does not find any of the ingredients attracting Section 379 of I.P.C, which prescribes the punishment for theft. Likewise, the allegation is that the accused entered into the agricultural land of the complainant. Section 452 of I.P.C prescribes the punishment for house-trespass after preparation for hurt, assault and wrongful restraint, and therefore even that provision does not attract. In the same manner, the ingredients of Section 109 of I.P.C also does not attract. Therefore, this Court is of the view that taking cognizance for the said offences by the Court below is bad in law. 4
7. Resultantly, the criminal petition is allowed in part upholding the action of the Court of Additional Judicial Magistrate of First Class, Bhongir, in taking cognizance of the offences punishable under Sections 447, 427, 384, 504 and 120-B of I.P.C. However, the proceedings, regarding taking cognizance of the offences punishable under Sections 379, 452, and 109 of I.P.C, are hereby quashed.
Pending miscellaneous applications, if any, shall stand closed.
_________________________ DR. CHILLAKUR SUMALATHA, J 28.07.2022 JSU