Andhra Pradesh High Court - Amravati

Smt.L.Vanajakashi vs The Station House Officer on 15 October, 2024

APHC010143792022
                   IN THE HIGH COURT OF ANDHRA PRADESH
                                AT AMARAVATI                  [3396]
                         (Special Original Jurisdiction)
               TUESDAY, THE FIFTEENTH DAY OF OCTOBER
                   TWO THOUSAND AND TWENTY FOUR
                                PRESENT
 THE HONOURABLE SMT. JUSTICE VENKATA JYOTHIRMAI PRATAPA
                    CRIMINAL PETITION NO: 2306/2022
Between:
  1. SMT.L.VANAJAKASHI, W/O L.SEKHAR NAIDU AGE ABOUT 40
     YEARS, OCC. AGRICULTURIST R/O CHINNAKAMPALLI VILLAGE,
     PEDDAUPPARAPALLI POST,             SOMALA MANDAL, CHITTOOR
     DISTRICT.
  2. L.SEKHAR NAIDU, S/O LATE BHASKAR NAIDU. AGED ABOUT 48
     YEARS, R/O CHINNAKAMPALLI VILLAGE, PEDDAUPPARAPALLI
     POST,SOMALA MANDAL, CHINOOR DISTRICT.
  3. SRI L.VENKATAPPA NAIDU, S/O LATE L.LINGAMA NAIDU AGE
     ABOUT 82 YEARS, OCC. AGRICULTURIST, R O CHINNAKAMPALLI
     VILLAGE,PEDDAUPPARAPALLI             POST,SOMALA        MANDAL,
     CHITTOOR DISTRICT.
                                            ...PETITIONER/ACCUSED(S)
                                  AND
  1. THE STATION HOUSE OFFICER, SOMALA, REP. BY ITS PUBLIC
     PROSECUTOR, FOR THE STATE OF ANDHRAPRADESH,
     AMARAVATHI
  2. THE FOREST BEAT OFFICER, PEDDAUPPARAPALLI ,PUGUNUR
     RANGE.CHITTIOOR DISTRICT,ANDHRA PRADESH
                                    ...RESPONDENT/COMPLAINANT(S):
Counsel for the Petitioner/accused(S):

  1. J M NAIDU

Counsel for the Respondent/complainant(S):

  1. PUBLIC PROSECUTOR (AP)

The Court made the following:
                                              2


ORDER:

The instant Criminal Petition under Section 482 of the Code of Criminal

Procedure, 19731 has been filed, by the Petitioners/Accused Nos.1 to 3

seeking to quash the proceedings against them in Crime No.38 of 2022 on the

file of Somala Police Station, Chittoor District, registered for the offence under

Sections 447, 353 and 506 read with 34 of Indian Penal Code, 18602.

2. Heard Sri J.M.Naidu, learned counsel for the Petitioners and

Ms.K.Priyanka Lakshmi, learned Assistant Public Prosecutor for Respondent

Nos.1 and 2.

3. Learned counsel for the Petitioners would submit that a false case has

been lodged against the Petitioners for the offence under Sections 447, 353

and 506 read with 34 IPC. In fact, Respondent No.2, who is the Forest Beat

Officer violated the orders of the Court. Learned counsel would further submit

that the Petitioners have approached this Court by filing W.P.No.588 of 2022

against the Forest Officials and also Revenue Officials, wherein, this Court

passed an order on 06.01.2022 directing the Respondents-Authorities not to

meddle with the possession and enjoyment of the Petitioners in respect of the

subject lands. Learned counsel would further submit that Petitioner No.3

herein filed a civil suit in O.S.No.372 of 2008 on the file of the Court of

Principal Junior Civil Judge, Punganur seeking permanent injunction against

the Revenue Authorities and the said suit was decreed on 28.02.2020 in his

favour. While so, the Petitioners herein also filed W.P.No.21001 of 2019

For short 'Cr.P.C'

For short 'IPC'

against the Forest Officials as well as the Revenue Officials and the said

petition was disposed of vide order dated 30.12.2019 directing the Forest and

Revenue Departments to conduct joint survey of the forest lands with

reference to the documents available with the Departments, after serving

notice on the Petitioners, within a period of one month. Learned counsel

would further submit that, on 25.03.2022, Respondent No.2 herein violated the

orders of the Court and filed false case against the Petitioners and hence,

continuation of criminal proceedings against the Petitioners, in the light of the

orders passed in their favour, is mere abuse of process of law.

4. Learned Assistant Public Prosecutor fairly conceded about the orders

passed by this Court in W.P.No.588 of 2022, dated 06.01.2022 and

W.P.No.21001 of 2019 dated 30.12.2019 and would submit that the Court pay

pass appropriate orders.

5. Considering the submissions made and a perusal of the complaint

would show that on 25.03.2022 at 8.00 a.m., while Respondent No.2 and his

staff were verifying the forest bounds, Petitioners herein applied the pesticides

to the Mango trees. When Respondent No.2 questioned them about the

same, the Petitioners replied arrogantly, abused them in filthy language,

threatened them with dire consequences and obstructed them from

discharging their duties.

6. At this stage for ready reference, Section 353, Section 441, which is

punishable under Section 447 and Section 503, which is punishable under

Section 506 IPC are extracted hereunder:

"353. Assault or criminal force to deter public servant from discharge of his duty.--Whoever assaults or uses criminal force to any person being a public servant in the execution of his duty as such public servant, or with intent to prevent or deter that person from discharging his duty as such public servant, or in consequence of anything done or attempted to be done by such person to the lawful discharge of his duty as such public servant, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both.

441. Criminal trespass.--Whoever enters into or upon property in the possession of another with intent to commit an offence or to intimidate, insult or annoy any person in possession of such property, or having lawfully entered into or upon such property, unlawfully remains there with intent thereby to intimidate, insult or annoy any such person, or with intent to commit an offence, is said to commit "criminal trespass".

503. Criminal intimidation.--Whoever threatens another with any injury to his person, reputation or property, or to the person or reputation of any one in whom that person is interested, with intent to cause alarm to that person, or to cause that person to do any act which he is not legally bound to do, or to omit to do any act which that person is legally entitled to do, as the means of avoiding the execution of such threat, commits criminal intimidation."

7. The order passed by a Coordinate Bench of this Court in W.P.No.588 of

2022, dated 06.01.2022 is extracted hereunder for ready reference:

"...........In the meanwhile, the respondent authorities shall not meddle with the possession and enjoyment of the petitioners in respect of the subject lands concerning to this writ petition......."

8. The order passed by a Coordinate Bench of this Court in W.P.No.21001

of 2019 dated 30.12.2019 is also extracted hereunder for ready reference:

"In view of the request made by the learned Government Pleader for Forests, no further adjudication is necessary in this writ petition and it is suffice to direct the Forest and Revenue Departments to conduct joint survey of the forest lands with reference to the documents available with the departments after serving notice on the petitioners for conducting survey and complete the survey within a period of one (1) month from

today. In the meantime, there shall be a direction not to disturb the possession of the petitioners."

9. For ready reference, the judgment dated 28.02.2020 passed in

O.S.No.372 of 2008 on the file of the Court Principal Junior Civil Judge,

Punganur, is extracted hereunder:

"In the result, the suit is decreed and permanent injunction is granted in favour of plaintiff restraining the defendants, their men and agents from interfering with his peaceful possession and enjoyment over suit schedule property."

10. In the light of the orders referred to supra protecting the possession and

enjoyment of the Petitioners over the subject property, no offence is made out

against them under Sections 447, 353 and 506 read with 34 IPC. In the

absence of any prima facie case against the Petitioners to attract the alleged

offence, continuation of proceedings against them is an abuse of process of

law. Hence, this Court is of the view that it is a fit case to exercise the

jurisdiction under Section 482 Cr.P.C.

11. Accordingly, the Criminal Petition is allowed and the proceedings

against the Petitioners/Accused Nos.1 to 3 in Crime No.38 of 2022 on the file

of Somala Police Station, Chittoor District, for the offence under Sections 447,

353 and 506 read with 34 IPC, are hereby quashed.

Pending applications, if any, shall stand closed.