Telangana High Court
Mr. Mosin Ali Baymeen vs The State Of Tg on 28 March, 2025
THE HON'BLE SHRI JUSTICE ANIL KUMAR JUKANTI
CRIMINAL PETITION No.15505 OF 2024
O R D E R:
This Criminal Petition is filed under Section 528 of
the Bharatiya Nagarik Suraksha Sanhita (for short ‘BNSS’)
by petitioners/accused Nos.1 to 3 to quash the proceedings
in C.C.No.1434 of 2024, dated 18.12.2023, on the file of II
Additional Chief Metropolitan Magistrate, at Hyderabad, for
the offences under Sections 448, 380, 341, 427, 506 read
with Section 34 of Indian Penal Code, 1860 (for short ‘IPC‘).
2. Heard Mr. Thomas Lloyd, learned counsel for
petitioners and Mr. Surepalli Prashanth, learned Assistant
Public Prosecutor for respondent No.1-State.
3. On the basis of complaint of respondent No.2, FIR
bearing No.329 of 2023 was registered on 03.11.2023 for
the offences under Sections 448, 380, 341, 427, 506 read
with Section 34 of IPC. The gist of the complaint is that
respondent No.2/de facto complainant entered into a
Development Agreement-cum-General Power of Attorney
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with petitioners/accused Nos.1 to 3 (land owners) for
construction of G+5 building at House No.3-5-879/8,
situated at Baggi Khana, Old MLA Quarters, Hyderabad.
That an amount of Rs.10,00,000/- was paid as goodwill
amount by respondent No.2 to petitioner/accused No.2.
Rental expenses were also paid to the owners (petitioners).
That petitioners were demanding money from flat owners
on his behalf, threatening to disconnect water supply, not
allowing the vehicles to be parked and using abusive
language. It is the specific allegation that from 25.11.2023
to 06.12.2023, there was theft of construction materials
i.e., plumbing pipes, electrical accessories and drainage
pipes by petitioners/accused Nos.1 to 3. That petitioners/
accused Nos.1 to 3 trespassed, broke the lock and stolen
the construction material. That the approximate worth of
materials stolen is Rs.1,50,000/- to Rs.2,00,000/- and the
said material being stolen was captured on CCTV. Hence,
the complaint.
4. Learned counsel for petitioners submitted that
allegations in the complaint are false and baseless. It is
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further submitted that petitioners are the owners of said
property and that they entered into a construction
agreement and respondent No.2 was delaying project and
not handing over petitioners’ 50% of the share of flats. It is
also submitted that because of the delay, a false complaint
has been lodged by respondent No.2 that petitioners were
threatening him and that they have stolen construction
material. It is lastly submitted that the incident occurred
on 25.11.2023, complaint was lodged on 19.12.2023 and
that there is a delay in lodging complaint and hence, on the
face of it, it is a false and baseless complaint.
5. Learned Assistant Public Prosecutor appearing for
respondent No.1-State submitted that in the charge sheet,
it is clearly recorded that petitioners abused respondent
No.2 and threatened with dire consequences. It is also
submitted that petitioners stolen the construction material
from Flat No.301 and the same is caught on CCTV. Hence,
no interference is necessitated.
6. Heard learned counsels, perused the record and
considered the rival submissions.
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7. On 24.12.2024, notice was issued to respondent No.2
(personal notice is also permitted) and this Court dispensed
with the appearance of petitioners before the trial Court.
8. On a perusal of the entire record, it is observed that
an agreement was entered between the petitioners and
respondent No.2 for construction of G+5 apartments/flats.
It is not in dispute that petitioners are the owners of the
property and were allotted 50% of the share in the project.
A copy of the Development Agreement-cum-General Power
of Attorney registered vide document No.2031 of 2019,
dated 18.05.2019, is annexed at page No.21 of the material
papers.
9. Complaint was lodged stating that petitioners were
obstructing the construction frequently, behaving violently
with labourers, using abusive language against supervisor
of the site. It is stated that petitioners were blackmailing
after receiving goodwill amount and that construction
material worth Rs.1,50,000/- to Rs.2,00,000/- was stolen
and the same is captured on CCTV. It is for the
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petitioners/accused Nos.1 to 3 rebut the video
footage/CCTC footage for the act.
10. In the charge sheet, it is recorded that there was an
agreement for construction and construction materials
were stored in Flat No.301, 3rd Floor (flat which fell to the
share of respondent No.2). That petitioners were not
allowing vehicles to be parked, threatened to disconnect
electricity and water supply. That they committed theft of
construction materials.
11. Having considered the entire factual matrix of the
case and the fact that the appearance of
petitioners/accused Nos.1 to 3 has already been dispensed
with, this Court is of the opinion that the same be
continued. The appearance of petitioners/accused Nos.1 to
3 in C.C.No.1434 of 2024, on the file of II Additional Chief
Metropolitan Magistrate, at Hyderabad, is dispensed with
certain conditions.
12. Petitioners/accused Nos.1 to 3 shall file an affidavit
that they will not dispute their identity, that the
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proceedings can go on in their absence to be conducted by
their counsel. Petitioners/accused Nos.1 to 3 shall not
dispute the proceedings conducted in their absence. It is
made clear that Petitioners/accused Nos.1 to 3 shall
present themselves when required by trial Court, if their
presence is necessary. This order shall stand vacated
automatically, if Petitioners/accused Nos.1 to 3 fails to
attend the proceedings, as and when required for by the
trial Court. Any observations made in this order shall not
have an influence or bearing on the trial Court, while
considering the case during trial or while concluding.
13. With the above observations, this Criminal Petition is
disposed of.
Miscellaneous applications pending, if any, shall
stand closed.
__________________________
ANIL KUMAR JUKANTI, J
Date: 28.03.2025
KRR
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THE HON’BLE SHRI JUSTICE ANIL KUMAR JUKANTI
CRIMINAL PETITION No.15505 OF 2024
Date: 28.03.2025
KRR
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