POTHUGUNTA BABU Vs. STATE A P

JUDGEMENT

(1.) Petition under Section 482 of Crl.P.C. praying that in the circumstances stated in the Memo filed therewith, the High Court will be pleased to quash the proceedings dt. 21/7/2004 passed in R.C.No.B/183/2004 on the file of the 2nd Respondent herein by declaring them to be illegal arbitrary, without Jurisdiction and contrary to provisions of Sec 145(3) Cr.P.C. in the interests of Justice.

(2.) This Criminal Petition is filed to quash the proceedings in Rc.No.B/183/2004, dated 21-07-2004 passed by the Mandal Executive Magistrate against Sri Pothugunta Krishnaiah, Ammineni Ragaiah and Ammineni Syam Prasad alleging that they are in illegal occupation of the land covered by Sy.Nos.13/1A, 13/1B and 15 of Aadurupalli Village and orders were passed under Section 145 of Cr.P.C prohibiting them from entering into the lands until further orders.

(3.) The learned counsel for the petitioners contended that the petitioners filed a suit covered by O.S.No.62 of 2001 on the file of the Junior Civil Judge, Gundur and also filed I.A.No.143 of 2001 and the said Court granted temporary injunction in their favour against the State on 30-08-2005, therefore, he represented that when civil proceedings are pending, the criminal proceedings cannot be maintained. He also relied on a Judgment of the Supreme Court in Ram Sumer Puri Mahant v. State of U.P. (AIR 1985 SC 472), wherein the Supreme Court held as follows: