D.N.M. Sundarish vs The State Of Andhra Pradesh
2022 Latest Caselaw 1546 AP

 HIGH COURT OF ANDHRA PRADESH :: AMARAVATI

       MAIN CASE No:CRL.P.No.2232 of 2022

               PROCEEDING SHEET

SL.     DATE                                 ORDER                                    OFFICE
NO.                                                                                    NOTE
      29.03.2022 DR, J


                          Issue notice to the respondents.

The petitioners are members of Committee of Chelimi Anjaneya Swamy Temple, Dharmavaram, Ananthapur District. The Committee has filed a Suit in OS.No.404 of 2019 on the file of Additional Junior Civil Judge, Dharmavaram. In the said suit, the petitioners have also filed I.A.No.203 of 2019 for temporary injunction. The court below, after considering the records pertaining to the schedule property comprising of land in an extent of Ac.0.61 cents out of Ac.3.13 cents in Sy.No.441.3 situated in Dharmavaram Municipality, filed along with the IA., petition has granted injunction order on 18.12.2019 and the said suit is pending consideration for final disposal.

While the things stood thus, only to circumvent the orders of injunction granted in favour of the petitioners herein the present complaint is filed by the defacto complainant against the petitioners. The allegations made in the complaint are vague and baseless. Instead of contesting the suit which is filed before the competent Civil Court, the present complaint is made and based on the same, the 1st respondent has registered a crime in FIR.No.40 of 2020 for the offences punishable under Sections 420, 465, 468, 471 r/w 34 IPC.

The learned senior counsel appearing on behalf the petitioners further submitted that SL. DATE ORDER OFFICE NO. NOTE registering and investigating the same crime, which is pending before the competent civil court is contrary to the observations made by the Apex Court in catena of judgments.

On instructions, the learned Assistant Public Prosecutor submitted that investigation in the present crime is pending and the authorities have filed an application before the concerned Magistrate for sending the documents for expert opinion and that eight witnesses were already examined.

The learned senior counsel appearing for the petitioners submitted that when a document is filed before the competent civil court, pending suit, if the 2nd respondent has any grievance he should have filed an application before the competent civil court under Section 45 of Evidence Act. instead of doing so, the 1st respondent has entertained the present complaint and registered a case under the above sections and now they have filed an application for sending the documents for expert opinion which is nothing but interfering in civil disputes..

Considering the submissions and on perusal of the record it clearly establishes that filing of the present complaint as well as registering of the FIR is nothing but interfering with the civil dispute. Hence, there shall be stay of all further proceedings in pursuance of the FIR.No.40 of 2020 of Dharmavaram Urban Police Station, Ananthapuramu District.

Post after four weeks.

___________ D.RAMESH,J PA.

 SL.   DATE   ORDER   OFFICE
NO.                   NOTE