HON’BLE SRI JUSTICE A. GOPAL REDDY CRIMINAL PETITION No.3157 OF 2007 DATE:17-09-2010 BETWEEN Smt. Aritakula Padmaja …Petitioner AND The State of A.P., rep. by its Station House Officer, III Town Police Station, Visakhapatnam, through Public Prosecutor, High Court of A.P., Hyderabad & Another. …Respondents THIS COURT MADE THE FOLLOWING: HON’BLE SRI JUSTICE A. GOPAL REDDY CRIMINAL PETITION No.3157 OF 2007 ORDER: This petition under Section 482 of Code of Criminal Procedure has been filed to quash the proceedings in Crime No.337 of 2007 on the file of III Town Police Station, Visakhapatnam insofar as registration of the offences under Sections 3 and 5 of Land Grabbing (Prohibition) Act are concerned. Crime No.337 of 2007 has been registered against the petitioner for the offences punishable under Sections 447, 427 IPC, Section 3 of Prevention of Destruction of Public Property Act and Sections 3 and 5 of Land Grabbing (Prohibition) Act upon the complaint made by Tahsildar, Visakhapatnam Urban stating that the petitioner occupied about 425 sq.yds. of Government land classified as Vagu Poramboke besides the house site of patta land granted to Smt.P.Rajeswari to an extent of 180 sq.yds. in Sy.No.17/2 of Chinawaltair Village; that though the said encroachment was removed by authorities on 31.3.2007 and though a board has been erected indicating that the site is a Government land and trespassers would be prosecuted, the petitioner-accused again started leveling of the land. The complaint allegations disclose the offences punishable under Sections 447, 427 IPC and Section 3 of Prevention of Destruction of Public Property Act. But, to constitute an offence under Sections 3 and 5 of Land Grabbing (Prohibition) Act, 1982 a Special Tribunal having jurisdiction over the area has to record a specific finding on the proceedings initiated under the provisions of the Land Grabbing (Prohibition) Act to the effect that the petitioner- accused is a land grabber and then only, she can be prosecuted for the offences under Sections 3 an 5 of Land Grabbing (Prohibition) Act, 1982. In the absence of any such finding recorded, the proceedings under Sections 3 and 5 of Land Grabbing (Prohibition) Act, 1982 cannot be initiated against the petitioner. The learned Additional Public Prosecutor has also not disputed the fact that to constitute an offence under the provisions of the said Act, there should be a finding from the Tribunal or by the Special Court to the effect that the petitioner-accused is a land grabber. In view of the same, the registration of crime No.337 of 2007 against the petitioner for the offences under Sections 3 and 5 of Land Grabbing (Prohibition) Act, 1982 alone is quashed. Accordingly, the Criminal Petition is allowed. _______________ A. GOPAL REDDY, J. SEPTEMBER 17, 2010 Tsr.