IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD THURSDAY, THE THIRTEENTH DAY OF AUGUST TWO THOUSAND AND NINE HON’BLE SRI JUSTICE G. BHAVANI PRASAD Criminal Petition No.6081 of 2009 Between: Robbi Bhagya Lakshmi and others .. Petitioners AND The State of Andhra Pradesh rep. by its Public Prosecutor, High Court buildings, Hyderabad and another .. Respondents Petition under Section 482 of Cr.P.C. praying that in the circumstances stated in the grounds filed therewith, the High Court will be pleased to quash all further proceedings in C.C. No.402 of 2007 on the file of the Court of Principal Junior Civil Judge-cum- Special Judicial Magistrate of First Class for Trial of A.P. Land Grabbing Act, Visakhapatnam. The petition coming on for hearing, upon perusing the petition and the grounds filed in support thereof and upon hearing the arguments of the Public Prosecutor for the 1st respondent. The Court made the following: ORDER: None appeared for the petitioners like on the last occasion till after lunch and there is no representation for them. The criminal petition has been filed mainly questioning the continuance of the criminal proceedings against the petitioners in respect of the alleged offences under Sections 3 and 5 of the Andhra Pradesh Land Grabbing (Prohibition) Act, 1982. The petitioners claimed that the criminal proceedings were not initiated in the manner in which the said Act and the Rules made thereunder prescribe and also claimed that what was alleged was only an attempt for grabbing the land, which, in the light of a Larger Bench decision of this Court in Hindustan Aeronautics Employees Cooperative Housing Society v. Special Court[1], does not come within the purview of the said Act. The contentions appear to be having sufficient force, but as the petitioners are being prosecuted not only for the alleged offences under the Special Act but also for other offences under the Indian Penal Code, taking cognizance of which by the trial Court or proceeding with the trial for such offences by the trial Court, was not, in any manner, questioned in this criminal petition, the said trial Court itself can go into the questions raised by the petitioners in respect of the alleged offences under the Andhra Pradesh Land Grabbing (Prohibition) Act, 1982. It need not be presumed that the trial Court will not consider and determine the objections of the petitioners in accordance with law in respect of the said offences and the inherent jurisdiction, which is invokable only in rarest of rare cases, need not be invoked in respect of this case. Hence, the criminal petition is dismissed. _____________________ G. BHAVANI PRASAD, J Date: 13-08-2009 Svv [1] 2004 (6) ALT 722