HON’BLE SRI JUSTICE G. KRISHNA MOHAN REDDY CRIMINAL PETITION No.3880 OF 2008 DATE:14-10-2011 ORDER: This Criminal Petition is filed by the Petitioner/Accused No.3 (For short, ‘A-3’) under Section 482 of Cr.P.C. seeking to quash proceedings in Calender Case No.14 of 2008, pending on the file of the Court of Judicial Magistrate of First Class at Nalgonda, Nalgonda District, registered for offences punishable under Sections 143, 447, 448 and 427 read with Section 149 I.P.C. 2. Whereas the Petitioner is the Accused No.3, the Respondent No. 2 is the de-facto complainant in C.C. No.14 of 2008. For the sake of convenience, I refer the parties as arrayed in the Calender Case. 3. The case of the prosecution in brief is as follows : The de-facto complainant by name T. Jayamma was residing at Shanthinagar, Nalgonda and she is also having a house site in the same locality in Survey No.82 with boundaries public road on the eastern side, house belongs to one Chendraiah on the southern side, open plot and one house belong to Arogyam on the western side and open plot on the northern side with an extent of 900 Sq. Yards in survey No.82 of Nalgonda Town vide registered document No.4528/05 executed by the then in-charge of Little Flower Vignana Mandhir, Nalgonda. He also obtained permission from the Municipality to construct a house in the plot and in continuation of the said process she erected a shed in the site to store cement and other materials to construct permanent house. At that juncture, the Petitioner/ A-3 along with the other accused in the case on the intervening night of 17/18-08-2007 while the de-facto complainant and her husband were there, formed themselves into an unlawful assembly and trespassed into the house of the de-facto complainant and damaged the sheets which were roofed in the shed and collapsed the shed and caused loss of Rs.1,00,000/- to the de-facto complainant and her husband. Hence, the Petitioner/A-3 is liable to be punished for the alleged offences. 4. On the other hand, the contention of learned counsel for A-3 is as follows : Originally Land Grabbing Case No.2 of 1996 was filed before the Principal District Judge-cum-Special Land Grabbing Tribunal at Nalgonda seeking to declare the vendors of the de-facto complainant as land grabbers in different extents and in different survey numbers situated at Nalgonda Town including that in respect of Ac.2.39 guntas in Survey No.82 of the area and the Land Grabbing Tribunal allowed the case vide judgment dated 05-07-1996 and consequently the Criminal case was registered against A-3 and others. Further, it is contended by him that the property in question is part of survey No.82 and there is only dispute regarding the localization of the two properties and as such A-3 did not commit the alleged offences and therefore the Criminal proceedings are liable to be quashed. 5. The point for consideration is whether there are sufficient grounds in order to uphold the claim of Petitioner/A-3? 6. It is pertinent to note here that the Land Grabbing Tribunal allowed the L.G.C. No.2 of 1996 declaring the Petitioner/A-3 as the land grabber of the property and it has become final and as such the same is in force, by reason of which, the contention of the learned counsel for A-3 that there is only localization problem and in fact the disputed extent is situated only in Survey No.82 is not tenable. Further, in any case, there is no basis to say that the disputed land is not in survey No.83 and it is only in survey No.82 belonging to him. In fact, there is a copy of Annexure-I filed in the Land Grabbing Case No.2 of 1996 which provides that the area which was actually purchased by the vendor of the de-facto complainant in survey No.82 was Ac.9-00 guntas whereas he was in possession of Ac.11-39 guntas i.e. Ac.2-39 guntas in excess. Further, in spite of giving number of adjournments he has not produced any document for clarification in this context. Therefore, there are no grounds to allow the Criminal Petition. Accordingly, the Criminal Petition is dismissed. __________________________ G. KRISHNA MOHAN REDDY, J Dated: 14-10-2011. Dsh. THE HON’BLE SRI JUSTICE G. KRISHNA MOHAN REDDY 238 CRIMINAL PETITION No.3880 OF 2008 October, 14, 2011 DSH