HON’BLE SRI JUSTICE GOPALA KRISHNA TAMADA CRIMINAL PETITION Nos.5943 of 2007, 6549 of 2007 and 6388 of 2008 COMMON ORDER: All the three Criminal Petitions are filed to quash the proceedings in C.C.No.981 of 2006 on the file of the III Metropolitan Magistrate, Visakhapatnam. Hence, they are being disposed of by this common order. 2. For the sake of convenience, the parties are referred to hereinafter as arrayed in C.C.No.981 of 2006. 3. The brief facts of the case are that the complainants, respondents herein, filed a private complaint before the VII Metropolitan Magistrate, Visakhapatnam, against the accused, petitioners herein, for an offence punishable under Section 420 IPC, stating that they are the owners of lands in Sy.No.141/1B of Vepagunta Village, Pendurthi Mandal, Visakhapatnam District having purchased the same vide five separate registered Sale Deeds in the year 1983 and since then they have been in possession of the lands. As they are in possession of the lands and claiming title over the lands, the State Government constituted a House Committee and also a Cabinet Sub Committee for taking appropriate steps for regularization of the lands. On the basis of the recommendations made by the said Committees, the State Government has issued G.O.Ms.No.578 Revenue (Ends.IV) Dept., dated 19.08.2000 declaring that the land holders i.e. the complainants are entitled for regularization of the lands which are vested with Simhachalam Devathanam. As the lands in Sy.No.141/1B were originally belonging to Simhachalam Devasthanam and the same are directed to be regularized, the Simhachalam Devasthanam issued a notice in S.R.No.C9/3448/2004, dated 02.12.2004 to the complainants directing them to pay the value of the said lands at the rate of Rs.660/- per square yard. Subsequently, when the Devasthanam authorities and the complainants went to the lands for purpose of taking possession, the accused obstructed them and when the Devasthanam authorities asked them to produce the documents, they failed to produce any document to show their title. In the light of the obstruction by the accused, the Devasthanam authorities could not hand over possession of the lands to the complainants and thereupon the complainants filed the private complainant. The learned Magistrate referred the same to the Sub Inspector of Police, Pendurthi P.S., Visakhapatnam, under Section 156(3) Cr.P.C. for proper investigation. Having received the complaint, the police registered Crime No.46 of 2005 for the offences under Sections 447, 420, 120-B, 467, 468, 471, 506 r/w 34 IPC and after recording the statements of L.Ws.1 to 7, filed charge sheet before the III Metropolitan Magistrate, Visakhapatnam and it was numbered as C.C.No.981 of 2006. Aggrieved thereby, accused Nos.2, 4, 12, 13, 16, 17, 18, 19, 20, 21, 44, 57 and 58 filed Crl.P.No.5943 of 2007, accused No.10 filed Crl.P.No.6549 of 2007 and accused Nos.31, 37, 38, 40, 45, 46, 47, 48, 49 and 51 filed Crl.P.No.6388 of 2008 seeking to quash the proceedings in the said C.C.No.981 of 2006 on the file of the III Metropolitan Magistrate, Visakhapatnam. 4. It is the contention of the learned counsel for the petitioners/accused that the accused purchased the lands vide separate sale deeds and some of the accused have also constructed houses. It is further contended that with the same set of facts, the complainants approached the police and gave a report on an earlier occasion, but however, the police, after investigation, referred the same as civil in nature. 5. Per contra, the learned counsel appearing for the respondents/complainants submitted that the complainants have valid title in so far as the lands in question are concerned and the State Government also issued a G.O. regularizing the said lands in favour of the complainants. He further submitted that the accused conspired together with a fraudulent intention of trespassing into the lands and committed criminal trespass basing on fabricated and forged documents. 6. Having considered the submissions made by both the counsel and also looking into the material available on record, this Court is of the view that the entire transaction between the parties is purely civil in nature. Apparently, the lands in question were belonging to Simhachalam Devasthanam. Since the complainants and the accused are relying on certain registered sale deeds to establish their title, in my considered view, the title has to be decided by a competent civil court. Even by a stretch of imagination, it cannot be said that the accused have committed an offence falling under Section 420 of IPC. In that view of the matter, this Court has no hesitation to come to the conclusion that continuation of proceedings in C.C.No.981 of 2006 is nothing but abuse of process of Court. 7. Accordingly, all the three Criminal Petitions are allowed and the proceedings in C.C.No.981 of 2006 on the file of the III Metropolitan Magistrate, Visakhapatnam, are hereby quashed. Liberty is given to the complainants, respondents herein, to approach a competent Civil Court for establishing their title to the lands. ______________________________ GOPALA KRISHNA TAMADA, J 17th June, 2010. CBS HON’BLE SRI JUSTICE GOPALA KRISHNA TAMADA Crl.P.Nos.5943 and 6549 of 2007 and 6388 of 2008 (Allowed) 17th June, 2010 CBS