NANDIPATI VEERAIAH Vs. SHAIK DARGA MAQBUL

JUDGEMENT

(1.) THIS petition is filed under Sec.482, Cr.P.C. to quash the criminal proceedings against the petitioners by the 1 st respondent herein in C.C.No.230/91 on the file of the VIII Munsif Magistrate, Guntur. The accusation is that the petitioners having undertaken to transfer electricity supply connection in favour of the 1st respondent, have later on avoided in doing so, and as such, the same amounts to an offence of cheating punishable under Sec.420, Cr.P.C.

(2.) ADMITTEDLY, civil proceedings are pending inter se the parties. O.S. No.686/90 was filed by the 1st respondent and O.S.No.116/91 was filed by the 1st petitioner against the 1st respondent seeking the relief of eviction and the recovery of arrears of rent against the latter. It is also stated that the 1st petitioner has got attached Ice Plant, before judgment, belonging to the 1st respondent by invoking the provisions of Order 38 Rule 5, C.P.C. Further O.S.No.766/90 was filed by the 1st respondent against the 4th petitioner herein for restoration of electricity supply and also tiled mandatory injunction petition I.A.No.1176/90. In view of what is stated supra, this criminal prosecution against the petitioners is a clear abuse of process of law as even accepting the allegations made in the complaint alleged by the 1st respondent, the same is of civil nature and do not warrant criminal prosecution. In the circumstances, the criminal prosecution launched against the petitioners in C.C.No.230/91 on the file of the VIII Munsif-Magistrate, Guntur, is quashed. It is needless to mention that without reference to my observations made herein for the purpose of this case, all the civil proceedings in between the parties shall be disposed of on their own merits. Accordingly the criminal petition is allowed.