HONOURABLE SRI JUSTICE RAJA ELANGO CRIMINAL PETITION No.2573 OF 2008 Dated : 22.07.2010 Between : Ch.Subba Rao & others … Petitioners-Accused A n d The State of A.P. … Respondents HONOURABLE SRI JUSTICE RAJA ELANGO CRIMINAL PETITION No.2573 OF 2008 ORDER: This Criminal Petition under Section 482 of the Code of Criminal Procedure is filed by the petitioners-accused seeking to quash the proceedings in M.C.No.1 of 2008 dated 27.02.2008 on the file of the Mandal Executive Magistrate, Agiripalli Mandal, Krishna District. The Mandal Executive Magistrate, Agiripalli Mandal, taking into consideration the information given by the local Police that there is possibility of clash between two groups and also considering the request of the Police to initiate orders under Section 145 Cr.P.C. passed the impugned order, operative portion of which runs as follows: “In view of the above, circumstances, I, T.V.S.G.Kuamr do hereby order u/s.147 Cr.P.C. while prohibiting both the parties from entering upon the above subject lands until they obtain decree/order of the competent Court adjudging them to be entitled to exclusive possession and to appear before the undersigned on 10.03.2008 at 11.00 a.m. at Tahasildar’s Office, Agiripalli Mandal with record of evidence showing the title over the subject lands for taking further course of enquiry.” Learned counsel for the petitioners submitted that an order under Section 147 Cr.P.C. should be passed only after due enquiry, which procedure is not followed in the present case. Hence, he prayed to set aside the impugned order. It is seen from the records that the respondent without conducting any enquiry and also without recording any substantiate reasons passed the impugned order prohibiting the parties from entering into the possession of the subject land, which is totally erroneous and against the principles laid down in Criminal Procedure Code. In view of the same, the impugned order is set aside. Accordingly, the Criminal Petition is allowed. ________________________ JUSTICE RAJA ELANGO Dated : 22.07.2010 sur