T RANGA SAI Vs. STATE OF A P

JUDGEMENT

(1.) This is a petition filed under Section 482 of Criminal Procedure Code to quash the proceedings initiated against the petitioner in Crime No.20 of 2003 under Sections 468 and 420 of Indian Penal Code on the file of Atmaku'r Police Station on the complaint filed by the Revenue Divisional Officer-cum-Land Acquisition Officer Kurnool District, the third respondent herein. Normally, this Court does not interfere with the investigation and scuttle down the same in exercise of jurisdiction under Section 482 of Criminal Procedure Code except when the criminal proceedings initiated is vexatious and manifestly attended with a mala fide act or where the proceeding is maliciously instituted with an ulterior motive for wreaking vengeance on the accused or where the allegations made in the F.I.R./complaint, even if they are taken at their face value and accepted in their entirety do not constitute any offence or make out any case against the accused; and where there is an express legal bar engrafted in any of the provisions of the Code or the concerned Act under which a criminal proceeding is instituted) to the institution and continuance of the proceedings and/or where there is a specific provision in the Code or the concerned Act, providing efficacious redress for the grievance of the aggrieved party.

(2.) The present case is an instance where a frustrated Land Acquisition Officer having met her Waterloo in the hierarchy of Civil Courts, has further enmeshed the claimant, whose land was acquired, in a frivolous criminal prosecution which prima facie appears to be an abuse of process of law. It is the bounden duty of the Court to quash such proceedings and preven - abuse of process to give finality to the litigation. The facts when stated are so telling that the further discussion may appear to be superfluous.

(3.) The petitioner-accused is the owner of the land to an extent of Ac.9.64 cents in Sy.No.207/2 of Indireswaram village, Atmakur Mandal, Kurnool District. The said land was proposed to be acquired by the Government for the purpose of formation of a net tank across Padmaraju Vagu near Indireswaram village and accordingly issued a notification under Section 4(1) of the Land Acquisition Act, 1894 (for short 'the Act') on 8.7.1989 proposing to acquire the said land along with other lands. The petitioner opposed for the said acquisition and made his claim for awarding compensation both for the land and for the 26,992 Eucalyptus trees standing on the said land. The Land Acquisition Officer, who found that there were 26,992 Eucalyptus trees, passed an award on 7.4.1991 awarding a compensation of Rs.10,000/- per acre for the land and a total compensation of Rs.4,45,380/- for the said 26,992 trees. The petitioner received the compensation amount under protest and sought for reference under Section 18 of the Act to the Civil Court and it was numbered as O.P.No.882 of 1992 on the file of the Subordinate Judge, Atmakur (hereinafter called as 'the reference Court). Before the reference Court, the petitioner sought for compensation of the acquired land at Rs.30,000/- per acre, which works out to Rs.2,89,200/- for Ac.9.64 cents and compensation of Rs.24,29,340/- towards the trees. Thus, the petitioner claimed total compensation of Rs.27,18,540/- along with statutory benefits. However the reference Court confirmed the award of the Land Acquisition Officer in respect of the land, but so far as the trees are concerned, it fixed the value at Rs.122.60 ps. per each tree on an average basis for 26,992 Eucalyptus trees. Aggrieved by that, the Land Acquisition Officer approached this Court by filing an appeal in A.S.No.735 of 1997, in which the petitioner also filed cross-objections. A Division Bench of this Court, by its Judgment dated 25.9.1998 dismissed both the appeal as well as the cross-objections confirming the crder passed by the reference Court. The Land Acquisition Officer was unsuccessful in obtaining a Special Leave from the Hon'ble Supreme Court. Thereupon, the petitioner initiated execution proceedings in E.P.No.329 of 2002 in the Court of Senior Civil Judge, Atmakur for recovery of total amount of Rs.68,59,018/- and sought for attachment and sale of the office of the third respondent and also other properties of the Government.