THE HON’BLE SRI JUSTICE T. SUNIL CHOWDARY CRIMINAL PETITION No.5874 of 2010 ORDER:
This Criminal Petition is filed under Section 482 of Cr.P.C. to quash the proceedings bearing No.B2/2517/2008, dated 08-06- 2010 on the file of the Revenue Divisional Officer and Sub- Divisional Magistrate, Peddapalli, Karimnagar District.
2. The learned counsel for the petitioner submitted that the Revenue Divisional Officer has passed the order without following the procedure contemplated under Cr.P.C. He further submitted that the order passed by the Revenue Divisional Officer is not legally sustainable.
3. Learned Public Prosecutor submitted that this is not the stage to go into the merits of the main case.
4. A perusal of the record reveals that the Revenue Divisional Officer and Sub-Divisional Magistrate, Peddapalli, Karimnagar District passed the following order on 08-06-2010:
“In view of the above having been satisfied myself that there is a possibility of encroachment of land by one another, causing public nuisance and breach of peace between the parties, Section 145 Cr.P.C., is hereby promulgated in respect of the land in question above. During the course of the Section 145 Cr.P.C., all the concerned parties are restrained from entering into one another’s possession. And all the proceedings like registration for transfer of land and raising any structures from the date of this order in respect of entire Sy.Nos.1113 ext.4-05 gts, 1138 ext. 0-24 gts., and 1139 ext. 3-18 gts., is hereby prohibited until the dispute between the parties regarding the possession of the land is settled. The Tahsildar is directed to take the possession to the land into Govt. custody till further order.”
5. A perusal of the record reveals that the petitioner filed O.S.No.47 of 2008 on the file of the Senior Civil Judge, Peddapalli against the second respondent and obtained interim order vide I.A.No.175 of 2008 and that the second respondent also filed O.S.No.13 of 2008 against the petitioner on the file of the I Addl. District Judge, Karimnagar and obtained interim injunction vide I.A.No.495 of 2008. It appears that there is a dispute between the petitioner and the second respondent with regard to the possession of property in question.
6. If this Court expresses any opinion touching the merits of the main case the same may cause prejudice to either of the parties to the proceedings. Various questions raised by learned counsel for the petitioner involves complexity of disputed questions of fact, which cannot be gone into while exercising the inherent jurisdiction under Section 482 Cr.P.C.
7. Accordingly, the Criminal Petition is dismissed. Dismissal of the petition does not preclude the petitioner to urge all these factual aspects before the competent authority. The Revenue Divisional Officer-cum-Special Divisional Magistrate, Peddapalli, is directed to dispose of the matter as early as possible. Consequently, Miscellaneous Petitions, if any, pending in this Criminal Petition shall stand closed.
T. SUNIL CHOWDARY, J October 15, 2014 Pn THE HON’BLE SRI JUSTICE T. SUNIL CHOWDARY CRIMINAL PETITION No.5874 of 2010 October 15, 2014 Pn