IN THE HIGH COURT OF JUDICATURE AT HYDERABD FOR THE STATE OF TELANGANA AND STATE OF ANDHRA PRADESH MONDAY THE SIXTEENTH DAY OF JUNE TWO THOUSAND AND FOURTEEN PRESENT HONOURABLE SRI JUSTICE S. RAVI KUMAR CRIMINAL PETITION NO. 2705 OF 2012 Between:
Tummalapenta Adinarayana ... Petitioner/Accused V/s.
The State of Andhra Pradesh Represented by Public Prosecutor High Court of A.P.
Hyderabad & Anr. ... Respondents/Complainant Counsel for Petitioner : Sri M. Subba Reddy Counsel for Respondents : Public Prosecutor The court made the following : [order follows] HONOURABLE SRI JUSTICE S. RAVI KUMAR CRIMINAL PETITION NO. 2705 OF 2012 O R D E R :
This Criminal Petition is filed to quash CC.No. 74 of 2009 on the file of Junior Civil Judge, Podili, registered for offences punishable under section 20 (1), C (ii), (iii), (vii) (ix) and under section 52 of A.P. Forest Act, 1957 and section 2 (i) (ii) of Forest [Conservation] Act, 1980 and under section 20 (i) (d) (ii) and 3 (i) of A.P. Forest Act, 1967.
2. Heard both sides.
3. The main grievance of petitioner is that when civil proceedings are initiated and when civil court observed that survey conducted by Revenue authorities is not valid the allegation that petitioner has encroached into forest land cannot be accepted. But these aspects have to be decided only after full fledge trial and the grounds now taken by the petitioner are the defences available to the petitioner which he can agitate before trial court. Since C.C. is of the year 2009 by directing trial court to proceed with trial and dispose of CC.No. 74 of 2009 as expeditiously as possible preferably within a period of six months from the date of receipt of a copy of this order and by giving such direction, this Criminal Petition can be disposed off.
4. For the above reasons, this Criminal Petition is disposed off directing the court below to take up trial and dispose of CC.No.74 of 2009 as expeditiously as possible preferably within a period of six months from the date of receipt of a copy of this order and the petitioner is at liberty to take all these grounds before trial court and learned trial Judge shall consider them without being influenced by dismissal of this Criminal Petition.
JUSTICE S. RAVI KUMAR .
16/06/2014 I s L HONOURABLE SRI JUSTICE S. RAVI KUMAR CRIMINAL PETITION NO. 2705 OF 2012 Circulation No. 174 Date: 16/06/2014 Court Master: I s L Computer No. 20th Court Hall