MOHD SHAFIUDDIN Vs. STATE OF A P

JUDGEMENT

(1.) This petition under Section 482 of the Code of Criminal Procedure is filed questioning the proceedings of the Special Executive Magistrate, Hyderabad, in M.C. No.B/307/2003, dated 1/12/2003.

(2.) The petitioners herein are the 1st party before him. In the proceedings, referred to above, of the Executive Magistrate there are three parties. Respondents 3 to 6 herein constitute the 2nd and 3rd parties before the Special Executive Magistrate. Inspector of police, Tappachabutra Police Station is the complainant before the Special Executive Magistrate. He filed a report, dated 20.11.2003, before the learned Executive Magistrate stating that there is a likelihood of breach of peace among the three parties concerning 525.04 square meters of site, situated in TS No.6/p, 7/p of Guddimalkapur and 90/p of Kulsumpura Villages. All the three parties were directed by the afore-stated proceedings of the Executive Magistrate to appear before him on 29-12-2003 at 11.00 a.m. Questioning those proceedings the first party, the Managing Committee of Masjid Asar-e-Shareef Rahmania filed the present petition.

(3.) It is only the 6th respondent who is contesting this petition. Admittedly, the 6th respondent filed a suit in O.S. No.6665 of 2003 on the file of the IX-Junior Civil Judge, City Civil Court, Hyderabad, in respect of this very land. The plaint copy is not filed into this Court, but the learned Counsel submits across the Bar that the said suit was filed subsequent to the initiation of the above said proceedings by the Special Executive Magistrate.