Andhra Pradesh High Court - Amravati
Unknown vs Heard Sri J. Janaki Rami Reddy on 7 March, 2022
Author: C.Praveen Kumar
Bench: C.Praveen Kumar
THE HON'BLE SRI JUSTICE C.PRAVEEN KUMAR
CRIMINAL PETITION NO.12471 OF 2013
ORDER:-
Heard Sri J. Janaki Rami Reddy, learned counsel for the petitioners/A.1 to A.3 and Sri Mahadeva Kantrigala, learned counsel for the 2nd respondent and learned Additional Public Prosecutor, for the State.
2. The present Criminal Petition is filed under Section 482 of Cr.P.C. seeking quashing of proceedings in Crime No.47 of 2013 of Adoni III Town Police Station, Kurnool District, registered for the offences punishable under Section 341, 342, 426 r/w. Section 34 I.P.C and Section 3 of Prevention of Damage to Public Property Act [for short, "PDPP Act"], 1984.
3. Earlier, a private complaint was filed under Section 200 of Cr.P.C. The averments in the report show that the complainant has been using a public lane to reach her house since 30 years without any interruption. The Adoni Municipality is said to have laid a C.C. road and a public canal besides the lane infront of the house of the complainant and the house of the accused. It is said that the said lane belongs to Municipality and the same is reflected in the Registered Sale Deed executed by one K. Chinna Ranganna in favour of the complainant.
(a) While so, on 03.05.2010 the accused restrained the complainant and her family members from entering into the 2 CPK, J Crl.P.No.12471 of 2013 said lane, by declaring the said lane belongs to them. The accused also installed a gate by digging holes on both sides of the said lane. It is said that A.1 to A.3 also placed their water storage tank infront of the complainant's door, thereby preventing the ingress and aggress to their house. A representation was made on 05.05.2010 to the Commissioner, Adoni Municipality for necessary action, but invain. A written complaint was also given to S.H.O. on 01.05.2010, but nothing materialized.
(b) It is said that on 11.05.2010 at about 4.00 P.M., A.1 to A.3 together intentionally destroyed the public road by digging and constructing a wall on the public road thereby causing mischief to the property. This in substance is the report given.
4. Sri J. Janaki Rami Reddy, learned counsel for the petitioners/A.1 to A.3 would submit that the matter is purely civil in nature, which has been converted into a criminal case. He submits that a civil suit filed by the petitioners was decreed in their favour. Further, a report given by the 1st petitioner led to registration of a case in Crime No.54 of 2010 of Adoni III Town Police Station against the complainant herein ended in conviction for the offences under Section 447 and 506 I.P.C. Having regard to the above, he submits that continuation of proceedings against the petitioners would be an abuse of process of law.
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CPK, J Crl.P.No.12471 of 2013
5. On the other hand, Sri Mahadeva Kantrigala, learned counsel for the 2nd respondent/complainant would submit that since the petitioners have approached this Court immediately after registration of Crime, necessary material could not be gathered by the Police to establish its case. It is stated that if the Police are allowed to investigate the crime, truth would come out.
6. The point that arises for consideration is, whether it is a fit case for quashing the proceedings against the petitioners/A.1 to A.3?
7. As seen from the record, there is a dispute between the accused and the complainant with regard to the lane which passes infront of the house of the complainant. The 2nd respondent has been using this lane to reach her house since 30 years. While the case of the accused is that the road laid by Municipality was in their property and as such the complainant has no right of passage from the said road. It is to be noticed here that in respect of the very same dispute, O.S.No.169 of 2013 came to be filed before the Court of Principal Junior Civil Judge, Adoni seeking injunction against the respondents, their men from interfering with the petitioners' peaceful possession and enjoyment of said property. The said suit filed by the 1st petitioner herein was 4 CPK, J Crl.P.No.12471 of 2013 decreed vide judgment dated 12.06.2014. The operative portion of the order is as under:-
"In the result, the suit is decreed with costs declaring the plaintiff's right and title over the plaint schedule property and defendant, her men, servants etc., are hereby restrained by way of permanent injunction from interfering with the plaintiff's peaceful possession and enjoyment of the plaint schedule property."
8. It is also to be noted here that the 1st petitioner herein filed a criminal case against the informant herein, which came to be registered as Crime No.54 of 2010 by Adoni III Town Police Station for the offences under Section 447, 427, 509 r/w.Section 34 I.P.C. After investigation, Police filed a Charge Sheet, which was taken on file in C.C.No.471 of 2010 by the Judicial Magistrate of First Class, Adoni. After a full- fledged trial, the 2nd respondent along with others were convicted for the offences punishable under Section 447 & 506 I.P.C. Both these cases referred to above relate to the property in dispute. While in civil cases it has been categorically held that the petitioners herein have right and title over the plaint schedule property and the defendants and their men are restrained from interfering with the property and in the criminal case the complainant and others herein were found guilty, for trespass etc. 5 CPK, J Crl.P.No.12471 of 2013
9. In view of the above, it can be said that continuation of proceedings against the petitioners would be an abuse of process of law.
10. Accordingly, the Criminal Petition is allowed quashing the investigation in Crime No.47 of 2013 of Adoni III Town Police Station, Kurnool District against the petitioners/A.1 to A.3.
Miscellaneous petitions pending, if any, shall stand closed.
_______________________________ JUSTICE C.PRAVEEN KUMAR Date: 07.03.2022 MS 6 CPK, J Crl.P.No.12471 of 2013 THE HON'BLE SRI JUSTICE C.PRAVEEN KUMAR CRIMINAL PETITION No.12471 of 2013 Date: 07.03.2022 MS