THE HON’BLE SRI JUSTICE N.R.L. NAGESWARA RAO CRIMINAL PETITION No. 5539 of 2011 ORDER: The present Criminal Petition is filed by the petitioner under Section 482 of the Code of Criminal Procedure, 1973 (for short “Cr.P.C.”) to quash the proceedings in C.C.No.795 of 2009 on the file of the Additional Judicial First Class Magistrate, Srikakulam. A charge sheet was filed for the offence under Sections 447 and 427 of the Indian Penal Code, 1860 (for short “IPC”) after investigation by the police, on the complaint of the Deputy Tahsildar, Srikakulam. The gist of the accusation is that prior to 23.07.2009 the accused trespassed into the Government land and got constructed two huts with Palmyra leaves and dug the pits and got constructed a compound wall. The extent of encroachment is said to be Ac.0-02 cents of land. Learned counsel for the petitioner contends that a civil suit is pending and there is bona fide dispute with regard to the enjoyment of the property and, therefore, the criminal prosecution is not sustainable. Evidently, the suit was filed after the issue of the criminal complaint against the petitioner by the Deputy Tahsildar, Srikakulam to the police. Therefore, in view of the above circumstances, the subsequent civil suit cannot be taken into consideration. It is to be mentioned that the petitioner is not disputing that the land is a Government land. Therefore, in view of the above circumstances, the contentions raised by the petitioner has to be only assessed after taking evidence and in view of the circumstances, it is not the case for quashing of the proceedings under Section 482 of Cr.P.C. Accordingly, the Criminal Petition is dismissed. ________________________ N.R.L. NAGESWARA RAO, J Date: 19-07-2011 MR THE HON’BLE SRI JUSTICE N.R.L. NAGESWARA RAO CRIMINAL PETITION No. 5539 of 2011 DATE: 19-07-2011 MR