THE HON’BLE SRI JUSTICE SAMUDRALA GOVINDARAJULU CRIMINAL PETITION No.8693 OF 2008 Date:10.11.2011 BETWEEEN: Syed Saber … Petitioner/Accused AND State of A.P., through P.S. Madhapur, R.R. District, rep.by Public Prosecutor, High Court of A.P., Hyderabad and another. … Respondents THE HON’BLE SRI JUSTICE SAMUDRALA GOVINDARAJULU CRIMINAL PETITION No.8693 OF 2008 ORDER: The petitioner is accused of offences punishable under Sections 447, 427, 431 and 188 I.P.C. and Sections 3 and 4 of the Land Grabbing (Prohibition) Act, 1982 (in short, ‘the Act’). At the outset, prosecution of the petitioner is not tenable for offences under Section 188 I.P.C. and Sections 3 and 4 of the Act for want of pre- requisites. Section 195(1)(a) Cr.P.C. contemplates filing of a complaint in writing of the public servant concerned or some other public servant to whom he was administratively subordinate, for the Court to take cognizance of the offence punishable under Section 188 I.P.C. Similarly, sanction of the Special Court under Section 12 of the Act is a pre-condition for taking cognizance of an offence punishable under the Act. Therefore, prosecution of the petitioner for the offences under Section 188 I.P.C. and Sections 3 and 4 of the Land Grabbing Act in the lower Court, is bad in law. 2. Subject matter of this case is land in S.Nos.37 and 38/1 of Khanamet Village. It was assigned in favour of one Waheed Ali in the year 1961. Alleging that there is contravention of the assignment order, the Mandal Revenue Officer resumed the land under the Andhra Pradesh Assigned Lands (Prohibition of Transfer) Act, 1977 vide order dated 15.02.2003. Appeal filed by the concerned before the Revenue Divisional Officer was dismissed on 30.04.2005. Questioning the same, the claimants filed W.P.Nos.13227, 13228 and 13229 of 2005 in this Court and obtained status quo order on 22.06.2005 as an interim order. It is the prosecution case that after resumption of the land by Mandal Revenue Officer, the land was taken physical possession under panchanama and it was handed over to Circle Inspector of Police, Narsingi Police Station for construction of building for Police Commissionerate, Cyberabad. It is alleged that these lands are also under full tank level of Tammidi Cheruvu of Khanamet Village, which is under the supervision of Hyderabd Urban Development Authority. It is further alleged that the accused violated this Court’s order in the writ petition and dumped material and grabbed the land and is preparing hallow bricks illegally therein. It is contended by the petitioner’s counsel that this Court by order dated 02.09.2008 allowed batch of writ petitions including the above writ petitions setting aside order of resumption passed by the Mandal Revenue Officer and appellate order passed by Revenue Divisional Officer. The said order of the High Court is subsequent to the criminal case. As on the date of offence and filing of the charge sheet, the ownership of the land was not in favour of the petitioner and physical possession of the land is said to have been taken under panchanama. The subsequent order passed by this Court will not absolve the petitioner from liability for the above crimes under I.P.C. in case they were committed. It is contended that the petitioner was continuing his activity of preparation of hallow bricks even prior to interim orders of this Court. It is a question of fact whether Mandal Revenue Officer after resumption of land obtained physical possession of the land under panchanama or whether the petitioner was continuing in possession of the land and was preparing hallow bricks in that land even prior to interim orders of this Court. The said question of fact has to be resolved by the Magistrate after trial. 3. Hence, the Criminal Petition is partly allowed quashing proceedings in C.C.No.19 of 2007 on the file of IX Metropolitan Magistrate, Cyberabad, Kukatpally insofar as the offences under Section 188 I.P.C. and Sections 3 and 4 of the Land Grabbing (Prohibition) Act, 1982. The Magistrate will proceed with the case in respect of other offences on merits. _____________________________ SAMUDRALA GOVINDARAJULU, J Dated: 10.11.2011 AMD THE HON’BLE SRI JUSTICE SAMUDRALA GOVINDARAJULU CRIMINAL PETITION No.8693 OF 2008 DATED: 10.11.2011 AMD