HON’BLE SRI JUSTICE RAJA ELANGO CRIMINAL PETITION No.3353 of 2011 ORDER: This Criminal Petition is filed by the petitioners-accused Nos.1 and 2, under Section 482 Cr.P.C., seeking to quash the proceedings initiated against them in Crime No.128 of 2011 of III Town P.S., Visakhapatnam City. Briefly, the case of the prosecution is that the Special Officer, Urban Land Ceiling, Visakhapatnam, 2nd respondent herein, lodged a complaint with the Station House Officer, III Town P.S., Visakhapatnam City, against the petitioners herein alleging that they have submitted fake and fabricated house tax book and tax receipts to one P. Yerraiah, former Special Officer, Urban Land Ceiling, Visakhapatnam, to grab valuable Government land. Basing on the said complaint, the police registered Crime No.128 of 2011 against the petitioners for the offences punishable under Sections 420, 465, 468 and 471 of IPC. Learned counsel for the petitioners has submitted that one Addepalli Venkaappayya Sastry was owner of Ac.10.50 cents of land in Sy.No.1011 of Waltair Ward, Visakhapatnam and out of the said land, certain extent of land was declared as surplus. The 1st petitioner purchased 2752 sq.mtrs. and the 2nd petitioner purchased 2870 sq.mtrs. of surplus land through registered sale deeds by paying sale consideration and vide G.O.Ms.No.256 dated 27.2.2006 and G.O.Ms.No.424, dated 6.4.2006, the said extents were regularized in favour of the petitioners. Subsequently, the petitioners sold away their land to M/s. Clover Associates, Visakahpatnam, who later developed the property and constructed multi-storied apartments after obtaining valid building permissions from the civil authorities. At that juncture, certain allegations were made against the regularization of the surplus land contending that the petitioners got the advantage of a lower slab of regularization charges on the strength of fabricated municipal tax receipts. After a detailed enquiry, the regularization orders issued earlier were confirmed, levying highest rate of Rs.1,750/- per sq. meter through G.O.M.S.No.493, dated 26.3.2008. However, after a lapse of three years, the Government issued proceedings in Memo No.58904/Vig.III(1)/2010-1, dated 29.1.2011, directing the District Collector to prosecute the petitioners alleging that they submitted fake and fabricated house tax book and tax receipts to grab valuable public land. He further contended that the proceedings are misconceived and are abuse of process of law and, therefore, prayed to quash the crime. Perused the entire record. This Court, by an order dated 18.04.2011, granted interim stay of all further proceedings in the present crime in Crl.M.P.No.3550 of 2011. The Public Prosecutor filed a petition seeking to vacate the interim stay along with an affidavit filed by the Deputy Superintendent of Police, CID, RCIU, Rajahmundry. For better adjudication of the matter, it is relevant to extract para No.10 of the affidavit as follows: “It is a fact that the issue with regard to possession and enjoyment of the disputed land by the petitioner-accused is challenged in competent civil courts and also in the Hon’ble High Court of A.P., even in the way of P.I.L. The Hon’ble Courts delivered judgments in favour of the petitioner- accused. The main allegations in the F.I.R. are that the petitioner-accused submitted fake/fabricated house tax books and receipts to grab prime land in Visakhapatnam and the S.O. issued N.O.C. to regularize the land in favour of the accused. Basing on that N.O.C., the Government issued G.Os. about regularization of the land. Soon after issue of these G.Os., the petitioner-accused sold away the land to M/s. Clover Association, Visakhapatnam. At this juncture, some allegations were raised by some interested persons. Sri Venkateswara Rao, on behalf of M/s. Clover Association Private Limited, represented to the Government to re-verify about the regularization of the land and after completion of legal/documentary formalities and basing on the report of Smt. Usha Kumari, S.O., Urban Land Ceiling, Visakhapatnam, Government issued G.O.Ms.No.493 by ordering to collect highest slab rate to regularize the land. Accordingly, the total amount was paid to the Government. Here, the point is, as highest slab rate was collected by the Government, the Government did not incur any revenue loss. In the absence of wrongful loss to the Government (complainant), whether Section420 IPC will be applied or not to be verified by scrutiny of existing laws and judgments by CLA/LA, CID, A.P., Hyderabad in due course. Like this, the other aspects are also to be verified thoroughly. Unless the interim stay is vacated it is not possible to continue further investigation to elicit the facts and collect the evidence to finalize the case and to decide whether the petitioner/accused are liable to be prosecuted in a court of law or not.” As rightly contended by the learned counsel for the petitioners, a perusal of Para 10 of the affidavit clearly indicates that there is no revenue loss to the Government, as highest slab rate was collected by the Government. Even assuming for a moment that the petitioners produced fake and fabricated documents, that has not caused any wrongful loss to the Government. Hence, this Court is of the view that registration of crime and conducting investigation are abuse of process of law and, hence, the proceedings in the crime are liable to be quashed. Accordingly, the Criminal Petition is allowed and the proceedings in Crime No.128 of 2011 of III Town P.S., Visakhapatnam City, are hereby quashed. Miscellaneous Petitions, if any, filed shall stand closed. _________________ RAJA ELANGO, J 9th November, 2011 cbs HON’BLE SRI JUSTICE RAJA ELANGO Crl.P.No.3353 of 2011 (Allowed) 9th November, 2011 cbs