HON’BLE SRI JUSTICE SAMUDRALA GOVINDARAJULU CRIMINAL PETITION No.3155 OF 2006 Date: 23.11.2009 Between: Pallamala Bhaskar and 8 others. …..Petitioners And: State of A.P., rep. By its Public Prosecutor. …..Respondent. HON’BLE SRI JUSTICE SAMUDRALA GOVINDA RAJULU CRIMINAL PETITION No.3155 of 2006 ORDER: This petition is filed by 9 petitioners, who are accused in Crime No.57 of 2006 of Chillakur Police Station of Sri Potti Sriramulu Nellore District under Section 482 Cr.P.C for quashing F.I.R in that crime relating to offences punishable under Sections 447, 427 and 506 I.P.C. 2) Subject matter of the crime is Ac.4-50 cents out of Ac.5-18 cents in S.No.61 of Vellapalem village of Chillakur Mandal. Originally the said land of Ac.5-18 cents was assigned by the Government in the year 1962 to grand father of the defacto-complainant namely Perugu Subbaiah who was working as teacher. Subsequently, he died in the year 1980. His son Guravaiah died in the year 1996 while working as teacher. Guravaiah has two sons namely Sivarama Prasad and Siva Jyothi Kumar. Sivarama Prasad has been working as D.E.E in Electricity Department at Guntur. Siva Jyothi Kumar has been residing at Nellore, doing business. Siva Jyothi Kumar gave the present report against the petitioners and another to the police, on the basis of which report, the police registered this crime. 3) It is contended by the petitioners’ counsel that the petitioners are in possession and cultivation of the disputed land of Ac.4-50 cents in S.No.61 and that they have been raising crops in the land for the last more than 10 years and that every year the defacto-complainant is in the habit of giving report to the police at the time of cutting of the standing crop. It is further contended that on a report given by Pallamala Nagaraju and Pallamala Seenaiah, who are petitioners 6 and 4 herein, the Revenue Divisional Officer, Gudur made enquiry against the Village Revenue Officer and gave report dated 09.02.2009 to the Collector, Sri Potti Sriramulu Nellore District stating that assignment of the land to late Perugu Subbaiah was not in accordance with Rules and that out of the said land, Ac.4-50 cents is in actual occupation and cultivation of Nagaraju and Seenaiah, who belonged to Harizana-Mala community and who are eligible for assignment of the said land to them, and that thereupon the Joint Collector, Nellore by the order dated 30.09.2009 cancelled assignment of the land made to Perugu Subbaiah under B.S.O. 15(18) and directed the Tahsildar, Chillakur to take possession of the land and distribute the same to eligible poor persons of Vellapalem village, after evicting the present encroachers. It is contended that having regard to report of Revenue Divisional Officer, Gudur and order of the Joint Collector, it cannot be said that the petitioners have trespassed into the disputed land and committed mischief in respect of the standing crop therein. No doubt, report of the Revenue Divisional Officer and order of the Joint Collector prima facie falsify the offence punishable under Section 427 I.P.C. because it was the petitioners, who cultivated the land of Ac.4-50 cents by encroaching into the same. Having regard to the said subsequent evidence, it is for the petitioners to approach the investigating officer and to present subsequent revenue records and to set out their defence to the complaint given by the defacto-complainant. In so far as the offence punishable under Section 506 I.P.C is concerned, it is for the investigating officer to find out truth or otherwise of the allegations in that regard. At this stage, I do not find any valid or legal reasons to quash F.I.R in this case. 4) In the result, the petition is dismissed subject to observations made in this order. ___________________________ SAMUDRALA GOVINDARAJULU, J 23rd December, 2009 KSH