Andhra Pradesh High Court - Amravati
Theegala Suresh vs The State Of Ap., Another on 6 December, 2023
Author: K.Suresh Reddy
Bench: K.Suresh Reddy
HON'BLE SRI JUSTICE K.SURESH REDDY
CRIMINAL PETITION. NO. 3164 OF 2014
ORDER:
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The petitioner/Accused in Crime No.18 of 2014 of
Vakadu Police Station, Nellore District, filed the present
application, under Section 482 of Cr.P.C., seeking to quash
the proceedings.
2. Heard the learned counsel for the petitioner as well
as the learned counsel appearing for the 2nd respondent.
3. The brief facts of the case are that the de-facto
complainant is a resident of Dugarajapatnam Village,
Vakadu Mandal and he belongs to 'SC' Community. It is
alleged by the 2nd respondent in his complaint that the
petitioner purchased certain extent of land in the Village
and he also encroached the Government land and doing
Aquaculture Business. Thereafter, he lodged a complaint
to the Revenue Authorities by bringing to their notice about
the encroachment of the Government land by the
petitioner. While so, on 06.03.2014 at about 10.30 p.m.,
the petitioner along with others went to the house of the
de-facto complainant, armed with deadly weapons and
abused him in filthy language in the name of Caste, as the
2nd respondent gave a report to Revenue Officials against
the petitioner. At the intervention of neighbors, petitioner
and others left the place.
4. The learned counsel for the petitioner contends that
the report given by the 2nd respondent is a false report and
he gave this report to the Police with a mala fide intention
to settle the score in a civil dispute pending between the
petitioner and the 2nd respondent. It is further contended
that as the 2nd respondent and another are interfering with
the peaceful possession and enjoyment of his land, he filed
a Civil Suit, vide Receive and Transmit Petition No.57 of
2013 before the erstwhile High Court along with Receive
and Transmit Miscellaneous Petition No.59 of 2013 seeking
an ex parte interim injunction. The erstwhile High Court
granted an ex parte temporary injunction, by order, dated
17.08.2013. It is only thereafter, i.e., on 11.03.2014, the
2nd respondent gave the present report to the Police. On
the basis of which, the present crime has been registered.
The learned counsel for the petitioner further contends
that the 2nd respondent gave the present report with a
mala fide intention to settle a score in civil dispute pending
between the petitioner and the 2nd respondent. He further
contends that the present case is squarely covered by the
Guideline No. 7 of the judgment of the Hon'ble Apex Court
in State of Haryana and others Vs Ch. Bhajan Lal and
others1.
5. On the other hand, learned counsel for the 2nd
respondent opposed the Criminal Petition contending that
there are specific allegations made against the petitioner.
He further contended that the petitioner abused him in the
name of Caste and as such, the ingredients of the offence
under Section 3 (1) (10) of the Scheduled Castes and the
Scheduled Tribes (Prevention of Atrocities) Act, 1989 have
been made out.
6. This Court perused the entire material on record.
7. As seen from the material, the petitioner has already
obtained an interim injunction against the 2nd respondent
as early as on 17.08.2023. As such, there is no necessity
for the petitioner to go to the house of the 2nd respondent
and to abuse him in the name of Caste. On the other
1992 AIR 604
hand, it seems, it is only with a mala fide intention to settle
a score against the petitioner, the de-facto complainant
seems to have given the present report against the
petitioner. In the considered opinion of this Court, the said
proceedings are nothing but abuse of process of law.
Hence, they are liable to be quashed.
8. Accordingly, the Criminal Petition is allowed and the
proceedings initiated against the petitioner in Crime No.18
of 2014 of Vakadu Police Station, Nellore District, are
hereby quashed.
Miscellaneous applications pending, if any, shall
stand closed in consequence.
_____________________
K.SURESH REDDY,J
Date: 06.12.2023
RSI/TSNR
THE HON'BLE SRI JUSTICE K. SURESH REDDY
CRIMINAL PETITION No. 3164 of 2014
Date: 06.12.2023.
RSI/TSNR
