Clear Case Of Abuse Of Process: Telangana HC Quashes Criminal Proceedings Against 4 People Accused Of Trespassing

The Petitioners were accused of trespassing and charge sheeted under Section 447, and 427 of the Indian Penal Code (IPC).

The Bench of Justice M. Laxman said that “The charge-sheet is filed without any basis and no reasons were assigned by the investigating officer why the name of Mr. K. Hanumanth Reddy was deleted while filing the charge-sheet, even though LW-1 in his statement has clearly referred the name of Mr.K.Hanumanth Reddy and his accomplices. This is a clear case of abuse of process. On account of improper investigation, the petitioners were unnecessarily subjected to criminal prosecution and undergone mental agony.”

In this case, the complainant was the owner of an open plot. According to the complainant, Mr. Kolan Hanumanth Reddy and his accomplices allegedly trespassed into the plot of the complainant and prevented the complainant from constructing compound wall. A complaint was lodged against the Petitioners, however, the name of Mr. Kolan Hanumanth Reddy was omitted.

The witnesses examined did not take the name of the Petitioners but mentioned only Mr. Kolan along with his accomplices. Further, the police had no substantial reason to explain the disappearance of the primary accused from the Charge sheet.

The Court after a careful examination of the facts said that “In the result, the Criminal Petition is allowed. The proceedings against the petitioners/accused Nos.1 to 4 in C.C.No.33 of 2019 on the file of II Additional Junior Civil Judgecum-X Additional Metropolitan Magistrate, Cyberabad at Kukatpally, are hereby quashed. Respondent No.1-State is directed to pay costs of Rs.25,000/- (rupees twenty five thousand only) to the petitioners/accused Nos.1 to 4. The said amount shall be equally apportioned to the petitioners/accused Nos.1 to 4.”

Further, the Court said “Respondent No.1-State is at liberty to recover the said amount from the concerned investigating officer, who filed the charge-sheet. The said amount shall be paid by respondent No.1- State within two (2) months from the date of receipt of a copy of this order, failing which the petitioners/accused Nos.1 to 4 are at liberty to initiate contempt proceedings.”

Accordingly, the High Court closed the Petition.

Cause Title: Koduluri Ramu & Ors. v. State of Telangana

Click here to read/download the order