High Court Dismisses Petition in Property Dispute Case, Upholds Criminal Charges Despite Delayed FIR

In a recent judgment, the Andhra Pradesh High Court has dismissed a criminal petition, emphasizing the importance of upholding criminal charges in property disputes. The case, presided over by Justice Tarlada Rajasekhar Rao, involved allegations of criminal trespass and assault, stemming from a heated property dispute between B Siva Sankar Reddy and B Srinivasul Reddy.

In his order dated November 20, 2023, Justice Rao firmly stated, “The existence of a civil dispute does not negate the possibility of criminal charges.” This remark came in the context of a charged altercation on a disputed property, leading to a police complaint and subsequent legal battle.

The case, registered as Criminal Petition No. 4200 of 2019, revolved around an incident on June 28, 2016. The petitioner, accused of trespassing and assaulting the respondent on the latter’s land, faced charges under Sections 447, 324, and 506 of the IPC. Despite a delay in the registration of the FIR, attributed to police inaction, the Court found no grounds to quash the proceedings.

Highlighting a significant legal point, the judgment also addressed the necessity of an affidavit in private complaints under Section 156(3) of the Cr.P.C. Justice Rao referenced the Supreme Court’s stance in the Priyanka Srivastava case and acknowledged the Uttarakhand High Court’s view that non-filing of an affidavit is a curable defect.

In a decisive conclusion, the High Court dismissed the petition, allowing the proceedings in C.C. No.135 of 2018 against the petitioner to continue. This ruling underscores the Court’s commitment to ensuring that criminal aspects in civil disputes are not overlooked, setting a precedent for future cases involving similar complexities.

Date of Decision: 20th November 2023

B SIVA SANKAR REDDY VS B SRINIVASUL REDDY