B VASUDEVA CHARY Vs. K MOHAN REDDY

JUDGEMENT

(1.) This Criminal Petition is filed under section 482 Cr.P.C., to quash the proceedings in CC. No. 149 of 2006 on the file of the Court of II-Additional Judicial Magistrate of First Class, Nellore. The petitioners-A1 to A4 are the officials of Nellore Municipality. The allegations against them made in the private complaint filed by the first respondent-complainant were that the petitioners trespassed into the premises of the house of the first respondent and demolished the compound wall on three days, beat the first respondent and also caused injuries to him. After filing of the private complaint by the first respondent, the II-Additional Judicial Magistrate of First Class, Nellore, forwarded the complaint under section 156 (3) Cr.P.C. to the Station House Officer, IV-Town Police Station, Nellore for investigation and report. The police investigated into the offence and filed a final report referring the case as false. In protest thereof, the first respondent filed a petition before the learned Magistrate. The learned Magistrate having allowed the petition, recorded the sworn statement of the first respondent and his witnesses and took cognizance of the offence under section 332, 186, 506 read with 34 of IPC in CC. No. 149 of 2006. The present petition is filed to quash the entire proceedings in the said case.

(2.) Heard Sri. N. Ravi Prasad, the learned counsel representing the petitioners-A1 to A4, Sri. D. Purnachandra Reddy, the learned counsel appearing for the first respondent-defacto complainant and the learned Additional Public Prosecutor representing the second respondent-State.

(3.) It is contended by Sri. N. Ravi Prasad, the learned counsel appearing for the petitioners that pursuant to the orders of the Commissioner, Nellore Municipality, the petitioners who are the officials of Nellore Municipality proceeded to the house of the first respondent and caused demolition of the compound wall which was constructed by the first respondent by encroaching the public road. The first respondent allegedly caused obstruction to the duties of the petitioners and on the report lodged by the first petitioner, IV-Town Police registered a case in Crime No. 218 of 2001 for the offence under section 332 and 186 IPC and investigated into the offence and filed charge sheet. The learned Magistrate took cognizance of the aforesaid offence against the first respondent. The first respondent was tried for the said offences in CC. No. 143 of 2003 and ultimately he was convicted and sentenced to undergo Rigorous Imprisonment for one year and to pay a fine of Rs. 3,000/- for the offence under section 332 IPC and to pay a fine of Rs. 5,000/- for the offence under section 186 IPC. Against the said judgment, the first respondent preferred Criminal Appeal No. 89 of 2006 wherein the sentence was modified to fine for the offence under section 332 IPC.