HON’BLE SRI JUSTICE B. CHANDRA KUMAR CRIMINAL PETITION No.11443 OF 2010 ORDER: This Criminal Petition is filed by the Petitioner/Accused No.1 under Section 482 Cr.P.C. seeking to quash proceedings in Crime No.360 of 2010, on the file of Pet Basheerabad Police Station, Cyberabad, registered for offences punishable under Sections 420, 431 and 506 read with Section 34 I.P.C. 2. Heard the learned counsel appearing for the Petitioner and the learned Additional Public prosecutor appearing for the Respondents- State. 3. The learned counsel appearing for the Petitioner submits that the de-facto complainant has no locus-standi to lodge the complaint and if at all the Gram Panchayat area is occupied, it is for the concerned Gram Panchayat to take appropriate action or lodge a complaint. Admittedly, the Gram Panchayat is not made as a party to these proceedings. 4. The first Respondent herein is the Complainant. The main allegation against the Petitioner herein is that though he obtained permission for construction in his open site, but he had occupied the open site belonging to the Gram Panchayat, which is meant for Kamuni kuntha, for the utility of the villagers, which is opposite to the house of the Petitioner and raised construction under the guise of permission obtained from the Gram Panchayat. 5. When the land belonging to Gram Panchayat Municipality or the Government is being illegally occupied or grabbed by the land grabbers, every citizen has a right to question the same particularly, in case where the appropriate authorities in collusion with the land grabbers keep quiet or do not take any action. Therefore, I do not think that the de-facto complainant had no locus-standi to lodge the complaint. Any how, the facts cannot be enquired into in the quash proceedings; whether the Petitioner has entered into the Gram Panchayat land or not, whether the construction made by him is in his own site or in the Gram Panchayat land cannot be decided in these proceedings. In view of the same, I do not see any reason to quash the proceedings. 6. Consequently, the earlier stay granted by this Court on 19-11- 2010, stands vacated and the Police are directed to complete the investigation, as early as possible, and proceed in accordance with the law. However, the Police are directed not to arrest the Petitioner/A-1 till the date of filing of the charge sheet. It is further observed that the Petitioner/A-1 is at liberty to file a petition before the trial Court seeking to discharge him, if any offence is not made out against him. Accordingly, with the above observations, the Criminal Petition is dismissed. _____________________ B. CHANDRA KUMAR, J Dated: 17-11-2011. Dsh. THE HON'BLE SRI JUSTICE B. CHANDRA KUMAR 188 CRIMINAL PETITION No.11443 of 2010 Date:17-11-2011 DSH.