THE HON'BLE SRI JUSTICE S. RAVI KUMAR CRIMINAL PETITION No.1234 of 2012 Between:
1. M. Koteswar Rao, and others.
PETITIONERS AND
1. The State of A.P. rep. by Public Prosecutor, High Court of A.P., at Hyderabad, and others.
RESPONDENTS ORDER:
This criminal petition is filed to quash order dated 20.12.2011 issued by the 2nd respondent under Section 145 Cr.P.C.
2. Both sides requested for time. I am not inclined to grant any time as the criminal petition is of the year 2012 and the impugned order is of the year 2011.
3. As seen from the record, the Executive Magistrate, Sanghem Mandal, Warangal District, passed order on 20.12.2011 under Section 145 Cr.P.C.,, which reads as follows.
“It appears to me on the grounds duly recorded, that a dispute likely to create a breach of the peace at Survey No.198 (Lovoni Patta) of Godipally Village of Shangem Mandal situated at Guntupally, concerning certain situants within my local jurisdiction all the parties were called upon to give in a written statement of their respective claims of the fact of actual possession of the said land of Sy.No.198 of Gadepally Village and on being satisfied by the inquiry had thereupon would interfere to the merits of the claim of either of the said parties to the legal right of possession. That the claim of actual possession by the said lovoni pattedars of Sy.No.198 of Gadepally Village of Sanghem Mandal is to be decided and declare that he is in possession of the said land and entitled to retain such possession entitled by the due course of law and do strictly forbid zany disturbances of his or their possession in the meantime.”
4. As seen from the above order, the learned Executive Magistrate held that the actual possession in respect of Sy.No.198 of Gadepally Village of Sanghem Mandal has to be decided and declared as to who is entitled to retain possession during due course of law and meanwhile there shall not be any disturbance in respect of the person, who is in possession of the land. The grievance of the petitioners is that they filed O.S.No.490 of 1981 on the file of Principal District Munsif, Warangal claiming relief of perpetual injunction and that the said suit was decreed in terms of compromise, but the 3rd respondent under the influence of 4th and 5th respondents submitted a report to the 2nd respondent as if there is a law and order problem with regard to the possession of land in Sy.No.198, and got issued the impugned order.
5. As per Section 145 Cr.P.C., when an Executive Magistrate is satisfied from a report or information and there is likely hood of breech of peace in respect of any immovable property, he can invoke the provisions under Section 145 Cr.P.C. and can conduct enquiry. As seen from the impugned order, he only made an interim arrangement directing not to cause any disturbance to the person in possession of the property and the petitioners can as well file their objections before the Executive Magistrate showing the decree in their favour. Without availing that remedy the petitioners straight away approached this Court under Section 482 Cr.P.C, which in my view is not permissable.
6. For these reasons, the Criminal Petition is disposed of directing the petitioners to put forth their objections before the Executive Magistrate and the Executive Magistrate shall decide the matter after considering the objections filed by the petitioners without being influenced by the dismissal of this petition. As a sequel, Crl.M.Ps., if any shall stand closed.
JUSTICE S. RAVI KUMAR 22nd April, 2014 Js.