C RAMAKRISHNAIAH Vs. P MURALI KRISHNA

JUDGEMENT

(1.) This Criminal Petition is directed against the order dated 25-4-2006 in M.C.No. 275 of 2004 on the file of the Mandal Executive Magistrate-cum-Mandal Revenue Officer, Tirupati whereby and where under the order dated 15-11-2004 passed under Section 145(1) Cr.P.C. came to be vacated.

(2.) The brief facts of the case giving rise to filing of this Criminal Revision Case by 'A' party in M.C.No. 275 of 2004 are: The Sub-Inspector of Police, Alipiri P.S. submitted a report before the Mandal Executive Magistrate apprehending breach of peace in respect of a dispute over an extent of Ac. 0-10 cents of land in Survey No. 20 of Tirupati Revenue Village between 'A' party and 'B' party. Thereupon the Executive Magistrate took report on file as M.C.No. 275 of 2004 and passed prohibitory order under Section 145(1) Cr.P.C. and directed both the parties to enter their appearance and put in their respective pleadings. Thereupon 'A' party and 'B' party entered their appearance and placed on record the respective pleadings. The learned Executive Magistrate on considering the pleadings of the parties and on hearing the counsel appearing for the parties vacated the prohibitory order granted on 15-11 -2004. The order passed by the Mandal Executive Magistrate on 2-4-2006 vacating the prohibitory order dated 15-11-2004 is under challenged in this Criminal Revision Case. The relevant portion of the order impugned in the Criminal Revision Case needs to be extracted and it is thus:

(3.) Heard learned counsel appearing for both the parties.