HON’BLE SRI JUSTICE SAMUDRALA GOVINDARAJULU CRIMINAL PETITION No.9137 of 2010 O R D E R: The petitioner is resident of N.T.R.Nagar Slum Dwellers Uplifting Society, Saroornagar. He seeks quashing of FIR in Cr.No.1123 of 2009 of Lal Bahadur Nagar (Law and Order) Police Station, Cyberabad, registered for the offences punishable under Sections 447 and 427 IPC. The 2nd respondent/de facto complainant is Assistant Director (Animal Husbandary), Rangareddy East Division. Subject matter of the case is Ac.5.00 of land in S.Nos.13 and 14 of Saroornagar village. It is the second respondent’s case that the said land is Government land belonging to Animal Husbandary Department and that some unknown persons erected few huts in the land and that previously a report was lodged to that effect on 02.06.2008 to the police and that the present report is being lodged in continuation of the previous report. Previously, the petitioner filed W.P.No.861 of 2008 in this Court and sought stay in W.P.M.P.No.1029 of 2008 of dispossession and demolition of houses, huts and semi- houses, structures of living in S.Nos.13 and 14 of Saroornagar village belonging to the members of the society. Division Bench of this Court by order dated 05.02.2008 granted interim stay as prayed for. Thereupon, Regional Joint Director, Animal Husbandary, Rangareddy District published notification dated 03.10.2009 notifying that except six huts, there are no other constructions in the land and calling upon the public not to make any constructions or encroachments into the land. On 06.10.2009, the petitioner’s counsel gave notice to the Joint Director stating that there are 160 huts existing in the above Survey numbers of land. On 08.10.2009, the impugned report was given by the Assistant Director to the police. It is alleged in the report that huge number of persons are trying to construct semi-permanent houses under the leadership and encroachment of the petitioner by violating orders of this Court and requesting the police to register case against unauthorised tresspassers in the land. It is the 2nd respondent’s allegation that under the guise of interim stay order granted by Division Bench of this Court, the petitioner is encouraging some more persons also to tresspass into the land and erect semi- permanent houses in it. It is contended by the petitioner’s counsel that neither Section 427 IPC nor Section 447 IPC is applicable to facts of this case. The above stay orders granted by Division Bench of this Court would be applicable only in respect of the alleged encroachers whose huts/houses were in existence by the date of the said order. The said order will not clothe either the petitioner or third parties to make further encroachments into the site in question and to make further constructions of huts or houses in the land. BHASKAR CHATTORAJ V. STATE OF WEST BENGAL[1] of the Supreme Court relied upon by the petitioner’s counsel has no application to this case because there are specific allegations of encroachment on the part of the petitioner for encroachment into the land in question by third parties in violation of the orders granted by this Court. I do not find any valid or legal reasons either to quash F.I.R. in this case or to stop investigation of the case at its threshold. Hence, the Criminal Petition is dismissed. ____________________________ SAMUDRALA GOVINDARAJULU,J Dt. 3rd November, 2011. PNV [1] 1991 (Criminal Law Journal) 429