IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE TWENTY FIRST DAY OF APRIL TWO THOUSAND AND FIVE PRESENT THE HON'BLE MR JUSTICE ELIPE DHARMA RAO WRIT PETITION NO : 7508 of 2005 Between: 1 Chilla Dharmaiah, S/o. Chandraiah, R/o. Taratava, Akiveedu (M), W.G.district. 2 Chekka Yasu Babu @ Chikati Yesu, S/o. Maresu, R/o. Taratava, Aldveedu (M), W.G.District. 3 Thota Yesu Padam, S/o. Sankarudu, R/o. Taratava, Aldveedu (M), W.G.District. 4 Garaga Sreenu, S/o. Suanna, R/o. Taratava, Aldveedu (M), W.G.District. 5 Chilla Chandraiah, S/o. Dharmaiah, R/o. Taratava, Aldveedu (M), W.G.District. 6 Mallareddy Ramakrishna Babu, S/o. Venkateswara Rao, R/o. Taratava, Aldveedu (M), W.G.District. 7 Mallareddy Ravi Sekhar, S/o. Atchuta Rao, R/o. Taratava, Aldveedu (M), W.G.District. 8 Mallareddy Atchuta Rao, S/o. Rama Seshaiah, R/o. Taratava, Aldveedu (M), W.G.District. ..... PETITIONERS AND 1 The Station HOuse Officer, Akiveedu P.S., West Godavari District. 2 Jupalli Krishna Kumari, W/o. JVSS Prasad, R/o. 10-B, Bharatiya Vidya Bhavan, Bhimavaram, W.G.District. .....RESPONDENTS Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed herein the High Court may be pleased to issue a writ, order or direction more fully one in the nature of Writ of Mandamus declaring that proceedings in Crime No.30/2005 on the file of Aldveedu P.S., W.G.district as illegal, improper arbitrary and quash the same and pass such other order or orders as this Hon'ble Court deems fit and proper in the circumstances of the case. Counsel for the Petitioner:SMT.K.SESHARAJYAM Counsel for the Respondent No.: GP FOR HOME The Court made the following : O R D E R Heard both the counsel. 2 . This writ petition is filed for a writ of Mandamus to quash the proceedings in Crime No.30/2005 on the file of Akiveedu Police Station, West Godavari District. 3. In the affidavit filed in support of the writ petition it is stated that the petitioners are cultivating the lands through the tenant i.e., the 1st petitioner in RS.No.418/2 situate at Gummuluru Village, Akiveedu Mandal, West Godavari District. The 2nd respondent herein filed suit in O.S.No.134/2004 for specific performance of the agreement of sale, with respect to the property in question and obtained temporary injunction and also sought police protection. It is stated that alleging that the petitioners have entered into the land, for which temporary injunction was granted, the 2nd respondent filed a criminal case in Crime No.30/2005. Therefore, the petitioners sought for quashing of the F.I.R. as already civil suit is pending with regard to the property in question. 4. No counter is filed. 5. The learned counsel for the petitioners submitted that though the court below granted police protection, not being satisfied with the same, the 2nd respondent filed criminal case against the petitioners before the 1st respondent – Station House Officer, Akivedu Police Station. 6. After going through the contents of the first information report, I am satisfied that it is purely a civil dispute and as noted above, a suit in O.S.No.134/2004 for specific performance with regard to the property in question, is pending and interim injunction was obtained by the 2nd respondent. 7. It is to be further seen that if the interim injunction is violated, the 2nd respondent is always entitled to take appropriate steps against petitioners before Civil Court in accordance with law and there is no justification in lodging a criminal case with the police and the same is liable to be quashed. 8 . Normally the F.I.R. can be quashed under Section 482 Cr.P.C. But considering the facts and circumstances of the case, I deem it appropriate to exercise the extraordinary jurisdiction under Article 226 of the Constitution of India. 9. Accordingly, the writ petition is allowed and the proceedings in Crime No.30/2005 on the file of Akivedu Police Station, West Godavari District is quashed. No costs. --------------------------------- ELIPE DHARMA RAO,J AVS/MRB DATE:21.04.2005 ..... REGISTRAR // TRUE COPY // SECTION OFFICER To 1 The Station HOuse Officer, Akiveedu P.S., West Godavari District. 2 Two CCs to G.P. for Home, A.P. High Court Building, Hyderabad (OUT). 3) Two CD copies 4 ) 1 CC to SMT.SESHARAJYAM, counsel for the petitioner.