IN THE HIGH COURT OF JUDICATURE ANDHRA PRADESH AT HYDERABAD THURSDAY THE TWENTYNINTH DAY OF SEPTEMBER TWO THOUSAND AND ELEVEN PRESENT THE HONOURABLE SRI JUSTICE R. KANTHA RAO CRIMINAL PETITION NO. 3057 OF 2009 Between: Bondla Chandraiah & 3-Ors. … Petitioners-A2 to A-4 V/s. The State of Andhra Pradesh Represented by its Public Prosecutor High Court of Andhra Pradesh Hyderabad & Anr. … Respondents- Complainant Counsel for the Petitioners : Sri K. Venu Madhav Counsel for the Respondent No.1 : Addl.Public Prosecutor Counsel for the Respondent No.2 : Sri D. Bhaskar Reddy The Court made the following: (Order follows next page) THE HONOURABLE SRI JUSTICE R. KANTHA RAO CRIMINAL PETITION NO. 3057 OF 2009 O R D E R : Heard the learned counsel appearing for the petitioners, the learned counsel appearing for the second respondent and the learned Additional Public Prosecutor representing the State. 2. On the report lodged by the second respondent alleging that when a site was allotted to him by the Government, the petitioners-accused, who were in possession of the adjacent side trespassed into the same erected tin roof shed roof on 13-11-2008. Subsequently it is said that he reported the matter to the Mandal Revenue Officer on 15-11-2008. The Mandal Surveyor deputed by the Mandal Revenue Officer inspected the site and fixed the boundaries. Thereafter, again it is said that the petitioners removed the boundaries fixed by the Mandal Surveyor. 3. Basing on the above mentioned report, the police Gollapally registered a case initially under section 447, 434 and 506 IPC and subsequently a memo was filed by the Investigating Officer into the court stating that the offence under section 3 (1) (x) of SCs and STs (POA) Act, is also attracted. 4. The FIR was registered on 19-11-2008 but the memo seeking alteration of section of law was filed on 22-1-2009. So far the investigation has not been completed. Under these circumstances, without going into the merits of the petition, I direct that the investigation may go on but the petitioners shall not be arrested in view of the fact that investigation was not completed even though nearly more than 2 ½ years have been elapsed. 5. With the above direction, the Criminal Petition is closed. __________________________ JUSTICE R. KANTHA RAO. 29-09-2011 I s L THE HONOURABLE SRI JUSTICE R. KANTHA RAO CRIMINAL PETITION NO. 3057 OF 2009 CIRCULATION No. 22 Date: 29-09-2011 Court Master: I s L Computer No. 43