Research › Browse › Judgment

Supreme Court of India · body

2025 DIGILAW 351 (SC)

Kandukur Naveen Reddy v. State of Telangana

2025-01-21

HRISHIKESH ROY, S.V.N.BHATTI

body2025
ORDER : 1. Leave granted. 2. Heard Mr. Pai Amit, learned counsel appearing on behalf of the Appellant. Also heard Mr. S. Uday Bhanu, learned counsel appearing on behalf of the Respondent-State of Telangana and Ms. D. Bharathi Reddy, learned counsel appearing on behalf of Respondent No. 2. 3. In this matter, notice was issued on 4th March, 2024 with the following order: “2. The counsel would point out that the issue arise out of boundary dispute amongst two neighbours for which the FIR No. 52 of 2019 was registered by the second respondent and the FIR No. 53 of 2019 was registered by the petitioner. 3. Eventually, considering the nature of the dispute, the petitioner filed a civil suit i.e. OS NO. 80 of 2019 where the 1 Court of Junior Civil Judge, Chevella issued an injunction order in favour of the petitioner against the second respondent (defendant). 4. Thereafter, when the application was filed by the petitioner under Section 482 Cr.P.C. to quash the proceedings i.e. CC No. 264 of 2019 pending before the JMFC, Chevella for the offence under Sections 447 and 427 IPC, the learned Judge instead of examining the merit of the matter, disposed of the Criminal Petition No. 1139 of 2024 on the same day directing disposal of the criminal case by the JMFC within six months. 5. The counsel would argue that since cross FIRs have been lodged and the petitioner has secured injunction order from the Civil Judge, the High Court should have verified the nature of the complaint in order to address the prayers made in the Criminal Petition No. 1139 of 2024. 6. Issue notice, returnable in four weeks. 7. In the meantime, further proceedings in Criminal Complaint No. 264 of 2019 pending before the JMFC, Chevella shall remain stayed.” 4. Respondent Nos. 1 and 2 have filed their counter affidavits. 5. It appears that this is a dispute over land covered by Survey No. 40/1, 40/2 and 40/3 (land claimed by Respondent No. 2) and Survey No. 40/4 (land claimed by the appellant), situated in Earlapally Village, Enkepally Grampanchayat, Chevella Mandal, Ranga Reddy District, Telangana. 6. As can be seen, the appellant has already filed the OS No. 80/2019, where the Respondent No. 2 is arrayed as the defendant. The said suit is pending before the Court of Junior Civil Judge-cum-Judicial First Class Magistrate, Chevella. 6. As can be seen, the appellant has already filed the OS No. 80/2019, where the Respondent No. 2 is arrayed as the defendant. The said suit is pending before the Court of Junior Civil Judge-cum-Judicial First Class Magistrate, Chevella. The pleadings in the said suit have been exchanged and the issues have been framed. 7. Having regard to the nature of the rival contentions, we are of the view that the Learned Civil Judge should be permitted to take the decision on the respective claim of the plaintiff and the defendant over the concerned land. 8. In a case of this nature, the police process may not be warranted as the parties primarily base their claims, on their respective sale deeds. Therefore, the pending FIR No. 52/2019 stands closed. We also deem it appropriate to dispose of the present appeal with the observation that the Junior Civil Judge shall adjudicate the pending OS No. 80/2019 on merit, uninfluenced by the order of the High Court or the order passed by this Court, in the criminal proceedings. Ordered accordingly. 9. Pending applications, if any, shall stand disposed of.