Andhra Pradesh High Court - Amravati
Thalapala Hariprasad And 5 Others vs The State Of Andhra Pradesh Rep By The ... on 12 February, 2024
IN THE HIGH COURT OF ANDHRA
PRADESH :: AMARAVATI
(Special Original Jurisdiction) [
3396
MONDAY ,THE TWELFTH DAY OF ]
FEBRUARY
APHC010169462020
TWO THOUSAND AND TWENTY FOUR
PRESENT
THE HONOURABLE SMT JUSTICE VENKATA JYOTHIRMAI PRATAPA
CRIMINAL PETITION NO: 2373 OF 2020
Between:
1. THALAPALA HARIPRASAD AND 5 OTHERS, S/o.Venkaiah, Aged 45 yrs.,
R/o.K.K.Gunta, Sunnapubatti Village, Dagadarthi Mandal, SPSR Nellore
District.
2. Thalapala Sireesha, , W/o.Hariprasad, Aged 30 yrs., R/o.K.K.Gunta,
Sunnapubatti Village, Dagadarthi Mandal, SPSR Nellore District.
3. Nelapudi Audiseshaiah, s/o.Veeraiah, Aged 58 yrs., R/o.K.K.Gunta,
Sunnapubatti Village, Dagadarthi Mandal, SPSR Nellore District.
4. Manda Kondaiah, S/o.China Kondaiah, Aged 40 yrs., R/o.Damavaram Village,
Dagadarthi Mandal, SPSR Nellore District.
5. Potluri Raghuramaiah, S/o.Adivaiah, Aged 65 yrs., R/o.K.K.Gunta,
Sunnapubatti Village, Dagadarthi Mandal, SPSR Nellore District.
6. Potluri Lakshmirajyam,, W/o.Raghuramaiah, Aged 50 yrs., R/o.K.K.Gunta,
Sunnapubatti Village, Dagadarthi Mandal, SPSR Nellore District.
...PETITIONER/ACCUSED(S)
AND
1. THE STATE OF ANDHRA PRADESH REP BY THE PUBLIC PROSECUTOR,
Rep. by the S.H.O., Dagadarthi P.S., Dagadarthi Mandal, SPSR Nellore
District, Through the Public Prosecutor, High Court of Judicature for the State
of Andhra Pradesh, at Amaravathi. sds
2. The Tahsildar, Dagadarthi Mandal, Dagadarthi, District SPSR Nellore District.
...RESPONDENT/COMPLAINANTS
Petition under Section 437/438/439/482 of Cr.P.C praying that in the
circumstances stated in the Memorandum of Grounds of Criminal Petition, the
High Court to call for the records relating to and in connection with C.C.No.9 of
2019 on the file of the Court of Addl,Judicial Magistrate of First Class, Kovur,
SPSR Nellore District, consequently quash the proceedings in C.C.No.9 of 2019
on the file of the Court of Addl.Judicial Magistrate of First Class, Kovur, SPSR
Nellore District and pass
2
I.A. NO: 1 OF 2020
Petition under Section 482 of Cr.P.C praying that in the circumstances
stated in the Memorandum of Grounds of Criminal Petition,the High Court may be
pleased to stay all further proceedings including the appearance of the petitioners
in C.C.No.9 of 2019 on the file of the Court of Addl.Judicial Magistrate of First
Class, Kovur, SPSR Nellore District, pending disposal of the Criminal Petition and
pass
This Petition coming on for hearing,upon perusing the Memorandum of
Grounds of Criminal Petition and upon hearing the arguments of Sri K KOUTILYA
,Advocate for the Petitioner and the Public Prosecutor (TG/AP) on behalf of the
Respondent No. and of Sri_Advocate for the Respondent No.
The Court made the following:
ORDER:
The instant petition under Section 482 of Code of Criminal Procedure, 19731
has been filed by the Petitioners/Accused Nos.,1 to 6 seeking to quash the
proceedings against them in C.C.No.9 of 2019 on the file of the Court of Additional
Judicial Magistrate of First Class, Kovur, SPSR Nellore District, registered for the
offences punishable under Sections 447 and 341 read with 34 of Indian Penal
Code2.
2. The allegations mentioned in the complaint, in brief, are as follows:
a. The Government secured the Government Assigned lands and patta lands on
outskirts of Damavaram, K.K.Gunta and surrounding villages of Dagadarthi Mandal
by paying compensation to the pattadars and handed over to A.P.State Airport
Development Corporation Limited for the construction of Airport.
b. While so, on 13.08.2018 at about 10.00 am, while the Corporation workers
were constructing approach road in the fields in Sy.No.335 of K.K.Gunta Village,
Petitioners/Accused Nos.1 to 6 trespassed into the land and obstructed the works.
1 For short 'Cr.P.C'
2 For short 'I.P.C'
As such, Respondent No.2 lodged a complaint against the Petitioners and the same
was registered as a case in Crime No.121 of 2018 of Dagadarthi Police Station for
the offences under Sections 447 and 341 read with 34 IPC.
3. After completion of investigation, Police laid charge sheet and the same was
numbered as C.C.No.9 of 2019 on the file of the Court of Additional Judicial
Magistrate of First Class, Kovur.
4. Being aggrieved by the same, the Petitioners/Accused Nos.1 to 6 filed the
present petition on the following grounds;
a. The complaint lodged by the Police against the Petitioners is not maintainable
and the same is liable to be quashed.
b. The ingredients of the alleged offences do not attract in the present case
against the Petitioners, since as per the abstract prepared by the Revenue
Authorities, the names of the Petitioners are found as enjoyers of the subject land.
Therefore, the question of encroaching the government land by the Petitioners
would not arise.
c. The allegations mentioned in the complaint are vague and baseless.
Arguments Advanced at the Bar
5. Heard Sri K.Ananda Rao, learned counsel for the Petitioners and Ms.
D.Prasanna Lakshmi, learned Assistant Public Prosecutor representing the
State/respondent No.1. Though notice was served on Respondent No.2, they did not
turn up to submit arguments.
6. Learned counsel for the Petitioners/Accused Nos.1 to 6 would submit that
since the Petitioners are the enjoyers of the subject land, the question of trespassing
into the land does not arise and that the allegations mentioned in the complaint and
the statements of the witnesses do not disclose any offence against the petitioners.
It is stated that the present complaint is lodged based on the bald and untenable
allegations. Hence, prayed to quash the proceedings against the Petitioners.
7. Refuting the above contentions, learned Assistant Public Prosecutor would
submit that there are specific allegations against the Petitioners and there is prima
facie case made out against the Petitioner and the truthfulness of the said
allegations has to be proved during trial. There are absolutely no grounds to quash
the case against the Petitioners at this stage.
Point for Determination
8. Having heard the submissions made by the learned counsels and on perusal
of the material available on record, the point for determination that arises in this case
is as follows:
Whether there are any justifiable grounds for quashment of the
proceedings against the Petitioners/Accused Nos.1 to 6 in
C.C.No.9 of 2019 on the file of the Court of Additional Judicial
Magistrate of First Class, Kovur, SPSR Nellore District was
registered for the offences punishable under Sections 447 and 341
read with 34 IPC?
Determination by the Court
9. A bare perusal of Section 482 makes it clear that the Code envisages that
inherent powers of the High Court are not limited or affected so as to make orders as
may be necessary; (i) to give effect to any order under the Code or, (ii) to prevent
abuse of the process of any Court or, otherwise (iii) to secure ends of justice. A
court while sitting in Section 482 jurisdiction is not functioning as a court of appeal or
a court of revision. It must exercise its powers to do real and substantial justice,
depending on the facts and circumstances of the case.
10. This Court in Gade Venkateswara Rao v. State of A.P.,3 encapsulated this
principle in the following terms;
"8. Section 482 Cr. P.C. powers must be invoked for compelling
reasons of abuse of process of law or glaring injustice or violation of
sound principles of criminal jurisprudence. Specific circumstances
warranting invocation of powers under Section 482 have been strongly
emphasized in a catena of decisions. To cite a few, State of
Haryana v. Bhajanlal4 at paras 102 and 103, Neeharika
Infrastructure Pvt. Ltd. v. State of Maharashtra5 at para 57."
11. It is a well settled principle of law that when a prosecution is sought to be
intervened by quashment, the test to be applied is to see whether the uncontroverted
allegations as made prima facie establish the offence alleged or not. In the present
case, Petitioners have been residing in Sy.No.335 (CJFS lands) being landless poor.
Admittedly, it is a Government land. Government have taken a decision to take the
said land for construction of Airport. When the authorities wanted to construct an
approach road, the Petitioners and others made protest which was placed before
Respondent No.2, who is the Tahsildar concerned. The alleged incident occurred on
13.08.2018 at 10.00 a.m.
12. On the other hand, Petitioners herein filed Writ Petition No.44502 of 2018 on
the file of this Court against the Government seeking protection for peaceful
possession over the land. As consented by the Government Pleader, an Order was
passed on 06.12.2018 directing the Respondents therein not to evict the Petitioners
from the subject land without following due process of law. Hence, it can be said the
Petitioners were in possession of the said land on the date of alleged incident. As
2023 SCC OnLine AP 4021
1992 Supp (1) SCC 335
(2020) 10 SCC 118
such, the question of trespass into the schedule land and wrongful restraint by the
Petitioners are not applicable to the facts of the case. As the Petitioners have been
in possession of the said land since long time, without following any due process of
law, they cannot be evicted. No prima facie offence is made out against the
Petitioners. Therefore, continuation of proceedings against the Petitioners is not
tenable. In such circumstances, this Court can exercise the inherent powers under
Section 482 Cr.P.C to prevent abuse of the process of the Court or otherwise to
secure the ends of justice.
13. In view of the foregoing discussion, this Court is of the view that continuation
of criminal proceedings against Petitioners/Accused Nos.1 to 6 is undesirable and
the same are liable to be quashed.
14. In result, the Criminal Petition is allowed. The proceedings against
Petitioners/Accused Nos.1 to 6 in C.C.No.9 of 2019 on the file of the Court of
Additional Judicial Magistrate of First Class, Kovur, SPSR Nellore District was
registered for the offences punishable under Sections 447 and 341 read with 34 IPC,
are hereby quashed.
15. It is made clear that the observations made by this Court are for the purpose
of the quashment of the criminal proceedings alone.
Pending miscellaneous petitions, if any, shall stand closed.
______________________________________
JUSTICE VENKATA JYOTHIRMAI PRATAPA
Date: 12.02.2024
Dinesh
HON'BLE SMT. JUSTICE VENKATA JYOTHIRMAI PRATAPA
Dated: 12.02.2024
Dinesh
IN THE HIGH COURT OF ANDHRA PRADESH, AMARAVATI
CRIMINAL PETITION No.2373 of 2020
Between:
1. THALAPALA HARIPRASAD, S/o.Venkaiah, Aged 45 yrs., R/o.K.K.Gunta,
Sunnapubatti Village, Dagadarthi Mandal, SPSR Nellore District.
2. Thalapala Sireesha, , W/o.Hariprasad, Aged 30 yrs., R/o.K.K.Gunta,
Sunnapubatti Village, Dagadarthi Mandal, SPSR Nellore District.
3. Nelapudi Audiseshaiah, s/o.Veeraiah, Aged 58 yrs., R/o.K.K.Gunta,
Sunnapubatti Village, Dagadarthi Mandal, SPSR Nellore District.
4. Manda Kondaiah, S/o.China Kondaiah, Aged 40 yrs., R/o.Damavaram Village,
Dagadarthi Mandal, SPSR Nellore District.
5. Potluri Raghuramaiah, S/o.Adivaiah, Aged 65 yrs., R/o.K.K.Gunta,
Sunnapubatti Village, Dagadarthi Mandal, SPSR Nellore District.
6. Potluri Lakshmirajyam,, W/o.Raghuramaiah, Aged 50 yrs., R/o.K.K.Gunta,
Sunnapubatti Village, Dagadarthi Mandal, SPSR Nellore District.
...PETITIONER/ACCUSED(S)
AND
1. THE STATE OF ANDHRA PRADESH REP BY THE PUBLIC PROSECUTOR,
Rep. by the S.H.O., Dagadarthi P.S., Dagadarthi Mandal, SPSR Nellore
District, Through the Public Prosecutor, High Court of Judicature for the State
of Andhra Pradesh, at Amaravathi. sds
2. The Tahsildar, Dagadarthi Mandal, Dagadarthi, District SPSR Nellore District.
...RESPONDENT/COMPLAINANTS
DATE OF JUDGMENT PRONOUNCED: 12.02.2024
SUBMITTED FOR APPROVAL:
THE HON'BLE SMT. JUSTICE VENKATA JYOTHIRMAI PRATAPA
1. Whether Reporters of Local Newspapers
may be allowed to see the judgment? Yes/No
2. Whether the copies of judgment may be
marked to Law Reporters / Journals? Yes/No
3. Whether Her Lordship wish to
see the fair copy of the Judgment? Yes/No
____________________________________
JUSTICE VENKATA JYOTHIRMAI PRATAPA
* THE HON'BLE SMT.JUSTICE VENKATA JYOTHIRMAI PRATAPA
+ CRIMINAL PETITION No.2373 of 2020
% 12.02.2024
Between:
1. THALAPALA HARIPRASAD, S/o.Venkaiah, Aged 45 yrs., R/o.K.K.Gunta,
Sunnapubatti Village, Dagadarthi Mandal, SPSR Nellore District.
2. Thalapala Sireesha, , W/o.Hariprasad, Aged 30 yrs., R/o.K.K.Gunta,
Sunnapubatti Village, Dagadarthi Mandal, SPSR Nellore District.
3. Nelapudi Audiseshaiah, s/o.Veeraiah, Aged 58 yrs., R/o.K.K.Gunta,
Sunnapubatti Village, Dagadarthi Mandal, SPSR Nellore District.
4. Manda Kondaiah, S/o.China Kondaiah, Aged 40 yrs., R/o.Damavaram Village,
Dagadarthi Mandal, SPSR Nellore District.
5. Potluri Raghuramaiah, S/o.Adivaiah, Aged 65 yrs., R/o.K.K.Gunta,
Sunnapubatti Village, Dagadarthi Mandal, SPSR Nellore District.
6. Potluri Lakshmirajyam,, W/o.Raghuramaiah, Aged 50 yrs., R/o.K.K.Gunta,
Sunnapubatti Village, Dagadarthi Mandal, SPSR Nellore District.
...PETITIONER/ACCUSED(S)
AND
1. THE STATE OF ANDHRA PRADESH REP BY THE PUBLIC PROSECUTOR,
Rep. by the S.H.O., Dagadarthi P.S., Dagadarthi Mandal, SPSR Nellore
District, Through the Public Prosecutor, High Court of Judicature for the State
of Andhra Pradesh, at Amaravathi. sds
2. The Tahsildar, Dagadarthi Mandal, Dagadarthi, District SPSR Nellore District.
...RESPONDENT/COMPLAINANTS
! Counsel for Petitioners : Sri K.Ananda Rao
^ Counsel for Respondents : Assistant Public Prosecutor for R.1
< Gist:
> Head Note:
? Cases referred:
1. 2023 SCC OnLine AP 4021
2. 1992 Supp (1) SCC 335
3. (2020) 10 SCC 118
This Court made the following:
