HON’BLE SRI JUSTICE R.KANTHA RAO Criminal Petition No.1881 of 2009 Date:08 -06-2011 Between: Bapathi Konda Reddy and two others …Petitioners And State of A.P. and another …Respondents HON’BLE SRI JUSTICE R.KANTHA RAO Criminal Petition No.1881 of 2009 ORDER: This criminal petition is filed under Section 482 Cr.P.C. to quash the entire proceedings in P.R.C.No.43 of 2008 pending on the file of the Additional Judicial Magistrate of First Class, Kavali. I have heard the learned counsel representing the parties in the criminal petition. The brief facts relevant for considering the criminal petition are stated as follows: First petitioner and his younger brother claim to be the owners of Ac.09.03 cents of land in Sy.Nos.1950/1, 1050/2, 1950/3 and 1949 of Hanumakondapalem hamlet of Brahmanakraka village of Jaladanki mandal, Nellore District. The case of the petitioners is that Guda Kanthamma and Guda Mallikarjuna Redy who are the wife and son of Guda Bali Reddy filed O.S.No.174 of 2007 in the court of the Principal Junior Civil Judge, Kavali seeking simple injunction in respect of the same land by creating some fictitious documents. The learned Principal Junior Civil Judge, Kavali though initially granted temporary injunction in favour of the plaintiffs therein, ultimately after making an enquiry into the petition on merits, dismissed I.A.No.682 of 2007 filed by G.Kanthamma and others holding that the petitioners therein failed to establish that they have been in possession of the schedule mentioned land. It is submitted by the petitioners that they raised paddy crop in the schedule land in December, 2007 and it was ripe for harvest. When they were about to cut the crop, the Sub-Divisional Police Officer, Kavali division having colluded with G.Bali Reddy, the husband of Kanthamma, started harassing the petitioners by calling them to the police station and abusing them in filthy language and coercing them to forego half of the schedule land. Being unable to bear the harassment caused by the Sub-Divisional Police Officer, Kavali, the petitioners and some others who are hand in glove with G.Bali Reddy. The first petitioner then filed a private complaint in the Court of the Additional Judicial Magistrate of First Class, Kavali which was forwarded by the learned Magistrate to the police for investigation. The offences alleged in the complaint are punishable under Sections 198, 192, 203, 342, 352 and 500 IPC against the Sub- Divisional Police Officer, Kavali, the then in-charge village revenue officer and some others. The Police registered a case in Crime No.20 of 2008 of Police Station, Jaladanki, however, they did not conduct any investigation. But, at the instance of the Sub-Divisional Police Officer, Kavali, the Sub-Inspector of Polcie-I Town Police Station started harassing the petitioners and threatening them that orders under Section 145 of Cr.P.C. will be promulgated in respect of the land of the petitioners. Thereupon, the petitioners 1 and 2 filed W.P.No.3757 of 2008 before this Court against the Sub-Divisional Police Officer and others on the ground that the police have been interfering with the civil disputes and harassing them. The Sub-Divisional Police Officer filed a counter-affidavit in the said writ petition stating that he never interfered in the civil disputes nor did he harass the petitioners at any time. Considering the said affidavit, the writ petition was closed by an order dated 17.03.2008. Ultimately, the Sub-Inspector of Police, Jaladanki referred the case in Crime No.20 of 2008 as false and thereafter on a protest petition filed by the first petitioner, the Additional Judicial Magistrate of First Class, Kavali took the case on file and the same is pending as C.C.No.438 of 2008. Thereafter, the Sub-Inspector of Police, Jaladanki filed a report before the Tahsildar on 03.01.2008 and also registered F.I.R. under Section 145 Cr.P.C. on 08.02.2008 in Crime No.21 of 2008. Subsequently, the Tahsildar, Jaladanki made enquiry, verified the entire records relating to the schedule land and submitted a report dated 17.03.2008 to the Sub-Inspector of Police, Jaladanki stating that the first petitioner and his brother Mahender Reddy raised the paddy crop in the lands in question and the same would be ripe for harvest in 15 days and thus, there is no possibility to issue prohibitory orders under Section 145 Cr.P.C. It is submitted by the petitioners that unfortunately the Sub-Divisional Police Officer, Kavali in spite of the report submitted by the Tahsildar did not provide any police aid by colluding with G.Bali Reddy. Subsequently, G.Bali Reddy and his supporters damaged the paddy crop in the schedule land of the petitioners with the support of the Sub-Divisional Police Officer, Kavali. The petitioners again lodged a report about the said incident before the Station House Officer, Jaladanki on 21.03.2008 and the same was registered as Crime No.30 of 2008 under Sections 143, 147, 427 r/w 149 IPC. Investigation was conducted and charge sheet was also filed and now the case is pending as C.C.No.226 of 2008 on the file of the Additional Judicial Magistrate of First Class, Kavali wherein Guda Bali Reddy and 18 othes are the accused. It is further submitted by the petitioners that though the civil dispute in respect of the schedule land is pending before the civil Court, the Tahsildar, Jaladanki promulgated the order under Section 145 Cr.P.C. dated 03.04.2008 prohibitting the entry of the petitioners and others into the lands. He also appointed one D.Masthan Reddy incharge V.R.O., Brahmanakraka as receiver to safeguard the crop in the disputed land pending further orders from the Principal Junior Civil Judge, Kavali. Aggrieved thereby, the first petitioner filed Crl.R.C.No.551 of 2008 before this Court on 08.04.2008. While the said case was pending, G.Bali Reddy and his supporters cut the crop raised by the petitioners on 10.04.2008 with the connivance of the Tahsildar, Jaladanki. In the said criminal revision case this Court passed the following order: “Learned Additional Public Prosecutor seeks further time for getting instructions. Post on 15.04.2008. Status quo regarding crop obtaining as on today shall be maintained until further orders.” Subsequently, interim orders were passed in Crl.R.C.M.P.No.755 of 2008 by this Court suspending the orders dated 03.04.2008 of the Mandal Executive Magistrate, Jaladanki. Subsequently, the first petitioner and his brother filed O.S.No.52 of 2008 on the file of the Senior Civil Judge, Kavali agasint Guda Kanthamma, Guda Mallikarjuna Reddy and Guda Bali Reddy seeking declaration of title and permanent injunction. They also filed I.A.No.227 of 2008 seeking temporary injunction and the learned Senior Civil Judge granted temporary injunction by order dated 24.04.2008 and the said order is still subsisting. Insofar as the present criminal petition is concerned, it is submitted by the petitioners that Guda Bali Reddy who failed to keep the petitioners out of the possession of the schedule land, hatched a plan with the Sub-Divisional Police Officer, Kavali, D.Masthan Reddy incharge V.R.O. and another got filed a complaint on 28.04.2008 against the petitioners taking advantage of the fact that the complainant belongs to scheduled caste. The contents of the complaint revealed that the complainant purchased grass in the auction allegedly conducted on 10.04.2008 and while taking away the grass, the petitioners caused obstruction, did not allow them to take the grass and also abused him in filthy language. The complaint was forwarded under Section 156(3) Cr.P.C. to the police and B.Bhagiradha Babu, the S.D.P.O. Kavali (LW-17) himself conducted investigation in the said case and filed charge sheet against the petitioners under Sections 379, 188, 506 r/w 34 IPC and Section 3(1)(x) of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989. The case was taken on file by the learned Magistrate and now it is pending as P.R.C.No.43 of 2008 on the file of the Additional Judicial Magistrate of First Class, Kavali. The present criminal petition is filed to quash the entire proceedings in P.R.C.No.43 of 2008 on the file of the Additional Judicial Magistrate of First Class, Kavali on the grounds viz. that the allegations mentioned in the complaint are ex facie false and that B.Bhagiradha Babu, the S.D.P.O., Kavali (LW-17) against whom several allegations have been made and against whom several cases have been filed by the petitioners is not entitled to conduct investigation. The facts which have been narrated hereinbefore which ultimately led to filing of the present criminal petition indicate that the S.D.P.O., Kavali (LW-17) in P.R.C.No.43 of 2008 has been indulging in civil disputes and there have been several cases against him filed by the petitioners on the said ground and also on the ground that he has been harassing the petitioners, that he is fully aware of the cases filed by the petitioners against him and others including the writ petition filed before this Court wherein he filed an affidavit stating therein clearly that he never interfered in the civil disputes in respect of the lands of the petitioners. The S.D.P.O., Kavali is therefore very well fully aware that he was made an accused by the petitioners on the allegations that he colluded with Guda Bali Reddy and that he was harassing the petitioners to forego half of the share in the schedule lands. Under these circumstances, the S.D.P.O., Kavali ought not to have taken up the task of conducting investigation in the present case. As seen from the circumstances brought to the notice of this Court by the petitioners and the material papers concerning those allegations which include the cases filed against S.D.P.O., Kavali (LW-17) who is the investigating officer in the present case, I am of the view that he should not have conducted investigation into the present case and filed the charge sheet. The proper course should have been to address the higher authorities to entrust the investigation to some other police officer competent to investigate into the case. The allegations in the complaint that while the complainant has been taking away the grass, the petitioners interfered, caused obstruction and abused the complainant in the name of caste appear to be ex facie false. As rightly urged by the petitioners, the investigation conducted by the S.D.P.O., Kavali (LW-17) is vitiated by mala fides and there is absolutely no scope for him to conduct fair investigation and file charge sheet. Evidently because of his interference in the civil dispute concerning the petitioners and his family members several criminal cases have been filed on the reports lodged by the petitioners. For the foregoing reasons, the entire proceedings in P.R.C.No.43 of 2008 are liable to be quashed and accordingly they are quashed. The criminal petition is allowed. ____________ R. KANTH RAO,J Date:08- 06-2011 CCM HON’BLE SRI JUSTICE R.KANTHA RAO Criminal Petition No.1881 of 2009 Date:08-06-2011