THE HON’BLE SRI JUSTICE B.SESHASAYANA REDDY CRL.P.No.5483 OF 2008 ORDER This criminal petition has been taken out under Section 482 of the Code of Criminal Procedure by A2- Nuchu Gopal Yadad in STC No.1191 of 2008 on the file of the II Metropolitan Magistrate for Railways, Secunderabad, to quash the proceedings therein. The accusation leveled against the petitioner is that he engaged Shaik Khadere Basha, who has been arrayed as A1 as coolie to put up a hut in the open plot owned by the Railways. A complaint came to be presented by G.Ramesh, SIPF, MLY before the II Metropolitan Magistrate for Railways, Secunderabad. The learned Magistrate took the complaint on file as STC No.1191 of 2008 and issued summons. Hence, this petition by A2-Nuchu Gopal Yadav to quash the proceedings in STC No.1191 of 2008. Heard the learned counsel appearing for the petitioner and the learned Additional Public Prosecutor appearing for the respondent-State. Learned counsel appearing for the petitioner submits that the petitioner filed O.S.No.349 of 2008 on 6- 5-2008 and got appointed the Commissioner, who inspected the disputed premises and filed a report on 14- 07-2011. A further submission has been made that since the civil Court is ceased of the dispute between the parties, continuance of the proceedings in STC No.1191 of 2008 amounts to abuse of process of Court. Learned Additional Public Prosecutor submits that the complaint filed by G.Ramesh is evident with regard to the fact of trespass into the Railway land by the petitioner and therefore, the petition is liable to be dismissed. It is a matter of record that the petitioner herein filed O.S.No.349 of 2008 before the I Additional Junior Civil Judge, City Civil Court, Secunderabad. Even prior to the complaint being lodged by G.Ramesh, it is stated in the petition, the petitioner instituted the suit for perpetual injunction. Since the civil Court ceased of the boundary dispute between the petitioner and the Railway, continuance of criminal proceedings in STC No. 1191 of 2008 amounts to abuse of process of Court. Accordingly, the criminal petition is allowed quashing the proceedings against the petitioner in STC No.1191 of 2008 on the file of the II Metropolitan Magistrate for Railways, Secunderabad. __________________________ B.SESHASAYANA REDDY,J rkk Dated: 7-12-2011