THE HON’BLE SRI JUSTICE T. SUNIL CHOWDARY CRIMINAL PETITION No.6923 of 2011 ORDER:
This Criminal Petition is filed under Section 482 of Cr.P.C. to quash the proceedings in M.C.No.60 of 2010 on the file of the Sub Divisional Magistrate, Peddapuram.
2 Heard learned counsel for the petitioners and learned Additional Public Prosecutor.
3. A perusal of the record reveals that on 05-01-2011 the Sub- Inspector of Police, Peddapuram lodged a complaint to the Station House Officer, Peddapuram, who in turn registered a case in Crime No.9 of 2011 under Section 145 of Cr.P.C. The Station House Officer, Peddapuram filed M.C.No.60 of 2010 on the file of the Sub Divisional Magistrate, Peddapuram.
4. As per the allegations made in the complaint there is a dispute between A-party and B-party in respect of an extent of 24 acres of land in Sy.No.168 of Peddapuram village. After registering the case the Sub Divisional Magistrate, Peddapuram issued notices to A and B parties.
5. In the meanwhile, M/s.DARCL LOGESTICS Limited and others have filed O.S.No.18 of 2011 on the file of the Senior Civil Judge, Peddapuram and obtained interim injunction against the defendants 1 to 17 therein. The petitioners herein are shown as defendants 18 to 20 in the said suit.
6. A perusal of the record reveals that there is some land dispute between A-party, B-party and also some others. Admittedly, the plaintiffs in O.S.No.18 of 2011 are not parties to M.C.No.60 of 2010. It appears that there are serious disputes between the parties.
7. Learned counsel for the petitioners submitted that after filing of the civil suit the Sub Divisional Magistrate, Peddapuram has no power whatsoever to pass the orders. To substantiate the same he has drawn my attention to the decisions reported in Ranbir Singh
[1]
v. Dalbir Singh and others , Malapati Varun Reddy v. State off
[2]
Andhra Pradesh and Mohd. Shafiuddin and another v. State of
[3]
A.P. and others He also submitted that the Sub Divisional Magistrate, Peddapuram has not passed any interim order.
8. Having regard to the facts and circumstances of the case, I am not inclined to express any opinion with regard to the merits of the main case. However, the Sub Divisional Magistrate, Peddapuram is directed to dispose of M.C.No.60 of 2010, in view of pendency of O.S.No.18 of 2011, within a period of two (2) months from the date of receipt of a copy of this order.
9. Accordingly, the Criminal Petition is dismissed. Consequently, Miscellaneous Petitions, if any, pending in this Criminal Petition shall stand closed.
T. SUNIL CHOWDARY, J July 16, 2014.
Pn THE HON’BLE SRI JUSTICE T. SUNIL CHOWDARY CRIMINAL PETITION No.6923 of 2011 July 16, 2014.
Pn [1]
2002 (1) ALD (Crl.) 562 (SC)
[2]
[3]
2013 (2) ALD (Crl.) 715 (AP)
2006 (2) ALD (Crl.) 179 (AP).