Jampanna Keshava Raju vs The State Of Andhra Pradesh
2022 Latest Caselaw 1890 AP

        THE HONOURABLE SRI JUSTICE D. RAMESH
              CRIMINAL PETITION NO.7590 OF 2019

ORDER:

This Criminal Petition under Section 482 of the Code of Criminal

Procedure, 1973 (for short "Cr.P.C.") is filed seeking to quash the

proceedings in C.C.No.464 of 2019 on the file of the Judicial Magistrate

of First Class, Jammalamadugu, in Crime No.68 of 2019 of T.Patnam

Police Station, Y.S.R. Kadapa District, registered for the offences

punishable under Sections 506 r/w 34 IPC.

2. Brief facts of the case are that based on a complaint made by

the 2nd respondent on 31.05.2019, the abovementioned Crime was

registered by the Police. The allegations in the complaint are that the

de facto complainant, on information that the petitioners are entering

the land in Survey No.142, has rushed to the said land and resisted the

petitioners not to enter the land as civil dispute is pending in respect of

the land and at that time, it is stated that the petitioners threatened

the de facto complainant with dire consequences.

3. The learned counsel for the petitioners submitted that though

the incident has taken place on 15.05.2019, the complaint was made

on 31.05.2019 and de facto complainant has not stated any reasons for

the delay, which is contrary to the observations of the Apex Court in

catena of judgments.

4. The learned counsel for the petitioners further submits that

there is civil dispute pending between the parties. In fact de facto

complainant filed a suit in O.A.No.211 of 2006, for partition, against

members of his family wherein the petitioners were added as 4th and

5th defendants and the said suit was dismissed by the competent Civil

Court. Against the same the de facto complainant has preferred an

appeal and the same was numbered as A.S.No.55 of 2012 and was

allowed. Aggrieved by the same the defendants preferred S.A.No.190

of 2019 and in the said Second Appeal, order in A.S.No.55 of 2012 was

suspended by this court. Learned counsel for the petitioners further

submitted that there is no injunction against the defendants.

5. The petitioners herein are bona fide purchasers of the subject

property, having purchased the same from the actual owners and from

the date of purchase the petitioners are in possession and enjoyment

of the same and their possession was not interfered by any Civil Court.

In view of the observations made by the Apex Court in recent verdict,

when a civil dispute between the parties is pending before the

competent Civil Court, there is no necessity to entertain the Criminal

Case and to investigate the same, the criminal proceedings initiated

against the petitioners in the C.C. referred above cannot be continued.

6. In view of the submissions made by the learned counsel for the

petitioners and observations of the Hon'ble Supreme Court, the

proceedings in C.C.No.464 of 2019 on the file of the Judicial Magistrate

of First Class, Jammalamadugu, are quashed.

Accordingly, the Criminal Petition is disposed of.

As a sequel, the Miscellaneous Petitions, if any, pending shall

stand closed.

____________________

JUSTICE D. RAMESH

20th April, 2022 GBS