Between:
HON’BLE SRI JUSTICE R. KANTHA RAO Criminal Petition No.3674 of 2013 Date:21-01-2014 Kun Jai Kumar Goud and six others ….Petitioners And The State, rep. by Public Prosecutor, High Court of A.P., Hyderabad and another ORDER:
… Respondents HON’BLE SRI JUSTICE R. KANTHA RAO Criminal Petition No.3674 of2013 This criminal petition is filed under Section 482 of Cr.P.C. to quash the FIR No.145 of 2013 dated 19.02.2013 of Jeedimetla Police Station.
I have heard the learned counsel appearing for the petitioners and the learned Additional Public Prosecutor representing the State.
As per the contents of the F.I.R. it was registered basing on the report lodged by Deputy Manager, A.P. State Finance Corporation (second respondent herein). The aforesaid F.I.R. was registered alleging commission of offences punishable under Sections 447 and 427 of IPC. It is alleged in the F.I.R. that the Government of Andhra Pradesh allotted land admeasuring Ac.33.11 guntas in Sy.No.308 situated at Gajularamaram village, Quthbullapur mandal, Ranga Reddy District to the second respondent-Corporation in the year 2007, on 19.02.2013 about 200 unknown persons criminally trespassed into the said land and installed idols with an intention to grab the land. The F.I.R. initially lodged referred to 200 unknown persons as trespassers. The said F.I.R. does not contain the names of any accused. Subsequently, the second respondent-Corporation addressed a letter to the Station House Officer concerned mentioning the names of the accused and others who said to have been formed into temple committee and were allegedly trying to grab the land on the ground that the said land belongs to an ancient temple and a residential area which shall not be alienated for conducting any industrial activity.
Admittedly, prior to lodging of the F.I.R. by the second respondent-Corporation, some of the members of the managing committee of Sri Sri Sri Bhaktha Veeranjaneya Swamy Temple filed W.P.No.10288/2013 claiming that there is ancient temple of Lord Anjaneya Swamy of nearly 900 years old wherein the idol of Lord Anjaneya Swamy came into existence naturally and is being worshipped by several people in Telangana area. According to the petitioners in the said writ petition, there is an extent of Ac.9.00 of land in Sy.No.308/2/3/5 belonging to Bhaktha Veeranjaneya Swamy temple, the entire land is a residential zone and it shall not be alienated for any industrial activity. It is further mentioned in the said writ petition that in Sri Bhakta Veeranjaneya Swamy temple festivals such as Seetharamakalyanam, Sriramanavami, Hanuman Jayanthi are being regularly performed, the temple is open temple whereat several people regularly offer prayers. It is also submitted that Annadanam is being performed on every Saturday at the temple visited by thousands of people. In the writ petition, it is alleged that the allotment of land to the second respondent Corporation by the Government of Andhra Pradesh is nothing but mala fide and colourable exercise of power and was made for extraneous consideration.
Admittedly, PIL No.189 of 2013, W.P.No.10288 of 2013 and W.P.No.14455 of 2013 are now pending consideration before the Division Bench of this Court. In the said writ petitions, the contention of the second respondent-Corporation is that under the guise of interim orders obtained from this Court in the writ petition, the members of the managing committee some of whom are accused in the aforesaid crime, with a view to cause loss and injury to the A.P. State Financial Corporation have criminally trespassed into the property owned and possessed by the Corporation by breaching the security personnel appointed by the Corporation and also caused mischief and damage to the property of the Corporation by indulging in manufacture, creation and erection of idols and by carrying on illegal religious activities.
From the rival contentions of the parties, it would appear that there is a bona fide dispute in relation to the rights of an extent of land o f Ac.9.00 in Sy.Nos.308 of Jeedimetla village. According to the petitioners, the land is residential zone and belongs to the temple of Lord Sri Bhakta Anjaneya Swamy. Whereas, the second respondent Corporation claims the land under an allotment made by the government in its favour for carrying out industrial activity. The said question is pending consideration before the Division Bench of this Court in the aforesaid writ petitions. The petitioners-accused claim that there is an ancient temple in the disputed land whereas the second respondent Corporation alleges that the petitioners and some others have been installing idols with an intention to grab away the land which was allotted to the Corporation by the government. The said dispute does not require any adjudication in this criminal petition.
The question that arises for consideration in the criminal petition is whether from the averments made in the F.I.R. any criminal offence is made out against the petitioners and whether the F.I.R. is liable to be quashed.
From the facts of the case, it can be clearly understood that initially the second respondent corporation lodged the report alleging that some 200 unknown persons trespassed into the disputed land allotted to it by the State Government and tried to install some idols. It is the contention of the petitioners that only after receiving the papers in the writ petition, the second respondent Corporation addressed a letter mentioning the names of the petitioners and some others as the persons who trespassed into the land. Obviously all the office bearers of the society of Sri Sri Sri Bhakta Veeranjaneya Swamy Temple, Gajularamaram are made accused in the report lodged by the second respondent Corporation. Mentioning the names of the petitioners in the subsequent letter addressed to the S.H.O. Jeedimetla clearly reveals that it is an afterthought. The reason being that the report was initially lodged against 200 unknown persons and subsequently only the names of office bearers of the said Temple were added. A bona fide dispute in relation to an extent of Ac.9.00 of land in Sy.No.308 of Gajularamaram village exists between both the parties. If the petitioners who are said to be the office bearers of the society of Sri Sri Sri Bhakta Veeranjaneya Swamy Temple, Gajularamaram enter into the land claiming bona fide rights in the property, according to me, it would not amount to criminal trespass. The disputed questions relating to the rights over the property will have to be resolved in the aforesaid writ petitions. During the pendency of the said writ petitions driving the petitioners into criminal litigation, in my view is nothing but abuse of process of law.
In the aforesaid facts and circumstances of the case, if the investigation is allowed to continue, it would result in miscarriage of justice. The F.I.R. is, therefore, liable to be quashed. Consequently, the FIR No.145 of 2013 dated 19.02.2013 of Jeedimetla Police Station is hereby quashed against the petitioners and the criminal petition is allowed. Miscellaneous petitions, if any, filed in this petition shall stand closed.
R.KANTHA RAO,J Date:21.01.2014 ccm HON’BLE SRI JUSTICE R. KANTHA RAO Criminal Petition No.3674 of 2013 Date:21-01-2014