IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD THURSDAY, THE SEVENTEENTH DAY OF NOVEMBER TWO THOUSAND AND ELEVEN PRESENT THE HON'BLE SRI JUSTICE B.N.RAO NALLA CRIMINAL PETITION No.8179 of 2008 Between: Putrevu Syamala Rao ..... PETITIONER/ACCUSED And The State of A.P., through Station House Officer, II Town Police Station, Vizianagaram Town, Vizianagaram District, Rep.by Public Prosecutor, High Court of A.P. Hyderabad and another .....RESPONDENTS The Court made the following: THE HON'BLE SRI JUSTICE B.N.RAO NALLA CRIMINAL PETITION No.8179 of 2008 ORDER: This Criminal Petition is filed under Section 482 Cr.P.C. to quash the proceedings in CC.No.398 of 2008 on the file of the Special Excise Magistrate Court, Vizianagaram, which Court has taken cognizance against the petitioner/accused basing on the charge sheet filed by the Sub-Inspector of Police, II Town Police Station, Vizianagaram in Cr.No.161/2007 for the offence punishable under Secs.447 and 353 of IPC. Initially the Court of the Additional Judicial First Class Magistrate, Vizianagaram had taken cognizance of the matter in CC.No.553/2007 and later the same was transferred to the Court of Special Excise Magistrate, Vizianagaram and re-numbered as CC.398/2008. Heard both sides. The learned counsel for the petitioner/accused submits that the dispute is with regard to the land of an extent of Ac.0.25 cents situated in Sy.No.118 of Vizianagaram Bit-II, known as “Konaramudu Mettu” and also known as “Gandaboyina Mettu” and it is purely of civil nature, and the petitioner/accused has not committed any offence, as alleged in the charge sheet. On the other hand, the learned Additional Public Prosecutor submits that the petitioner/accused trespassed into the Government land and tried to raise structures thereon, and when the concerned officials requested the petitioner/accused to vacate the same and tried to remove the material placed on the said land, the petitioner/accused obstructed them in discharging their official duties. He further submits that the said calendar case is pending and the trial is yet to be commenced during course of time. The allegations in the charge sheet made out prima facie case against the petitioner/accused. In the circumstances, this Court is of the view that it is not a fit case to quash the proceedings against the petitioner/accused in the above referred calendar case, by invoking the inherent powers under Sec.482 of Cr.P.C The Criminal Petition is accordingly dismissed. Miscellaneous Petitions filed in this Criminal Petition, if any, shall stand closed. ____________________ B.N.RAO NALLA,J Dated: 17.11.2011 Dsr