PATHEM DAMODHER Vs. STATE OF TELANGANA

JUDGEMENT

(1.) This Criminal Petition is filed to quash the proceedings against the petitioner/Accused in C.C.No.147 of 2021 on the file of II Additional Judicial First Class Magistrate, Karimnagar.

(2.) The case of the prosecution is that the 2nd respondent filed a complaint stating that this petitioner has trespassed into the property which was owned by his brother-in-law. When questioned, the petitioner had threatened the 2nd respondent. It is alleged by the 2nd respondent that a plot was purchased in Sy.No.947 to an extent of 330 sq.yds from his predecessor and thereafter, sold the said land to one P.Pavan Kumar on 13/9/2019, who is his brother-in-law and the said person is a resident of USA. On 23/10/2020, he received information that some persons had trespassed into the plot that was sold to his brother-in-law and the said trespassers were one N.Sridhar and N.Sathish. When questioned, they informed that the petitioner herein has sold them the plot. Thereafter, both the persons i.e., Sridhar and Sathish made a phone call to this petitioner who went to the said plot and threatened the 2nd respondent with dire consequences, for which reason, complaint was filed, resulting in the charge sheet being filed for the offence under Ss. 447 and 506 of IPC.

(3.) Learned counsel for the petitioner would submit that there are civil disputes in respect of the said land and this petitioner was rightful owner of the said plot. The question of trespassing into his own land does not arise. Accordingly, requested to allow the petition by quashing the proceedings against him in CC No.147 of 2021.