RASHEED ALI KHAN Vs. JITENDER KUMAR GUPTHA

JUDGEMENT

(1.) The present Criminal Petition is filed by the petitioner/A4, under Section 482 of Cr.P.C., seeking to quash the proceedings in C.C.No.448 of 2014 on the file of the VIII-Metropolitan Magistrate, Cyberabad at Rajendranagar, Ranga Reddy District. A charge sheet came to be filed against accused Nos.1 to 7 for the offences punishable under Sections 447, 427, 506, 341 and 379 read with Section 34 of I.P.C.

(2.) The allegations in the charge sheet are that the 1st respondent/de facto complainant along with his brother, are absolute owners and possessors of house bearing No.3-6/2, Plot No.24, Sy.Nos. 316, 317, 321 and 322 admeasuring 500 square yards situated at Marwa Township, Narsingi Village. They purchased the said property on 13.03.2006 through a registered sale deed bearing document No.3606/2006 from its original owner Mr.Md.Iqbal Khan, who in turn purchased the same from Syed Akbar Hussain on 01.11.2005 vide document No.12505/2005. The said Syed Akbar Hussain, purchased the said property through a registered sale deed bearing document No.2803/1996, dated 24.08.1996. It is also stated that from the date of purchase of the property, they are in peaceful possession and enjoyment of the property and that they have obtained permission from the Gram Panchayat, house number was allotted and a compound wall was also constructed; that the Civil Court has also passed status quo order in O.S.No.445 of 2009 and the said order still subsists. On 22.03.2013 accused No.1 along with accused Nos.2 and 3 have criminally trespassed into the said plot and threatened the watchman by wrongfully restraining him and committed theft of two electrical meters vide S.C.Nos.311002919 and 311002920 and later the same was thrown into Neknampur Lake in order to screen the evidence. On 23.03.2013 accused No.1 along with accused Nos.2 to 7 have again criminally trespassed into the said plot and put a sign board like "this land belongs to Rasheed Ali Khan" on compound wall at road side. Thus, accused Nos.1 to 3 have committed the offences punishable under Sections 447, 427, 506, 379 and 341 read with Section 34 of I.P.C. and accused Nos.4 to 7 have committed the offences punishable under sections 447 and 427 read with 34 of I.P.C.

(3.) Heard learned Counsel for the petitioner/A-4, learned Counsel for the 1st respondent/de facto complainant, learned Additional Public Prosecutor for the 2nd respondent-State; and perused the record.