HON’BLE SRI JUSTICE R.KANTHA RAO CRIMINAL PETITION NO.9152 OF 2010 DATE: 13.09.2010 BETWEEN: Sangam Baburao and others .. Petitioners And M.Nageswara Rao and another ` .. Respondents HON’BLE SRI JUSTICE R.KANTHA RAO CRIMINAL PETITION NO.9152 OF 2010 ORDER: This Criminal Petition is filed under Section 482 Cr.P.C. seeking to quash the proceedings in C.C.No.253 of 2010, on the file of the Judicial First Class Magistrate, Vizianagaram. I have heard the learned counsel for the petitioners and the learned Public Prosecutor for the State. The first respondent filed a complaint alleging that he was assigned with an extent of Ac.3.89 cents land by the revenue authorities under ‘D’ form patta and that he raised causarina trees in the said land. It is alleged that the petitioner No.1/A1 sent frivolous complaints to the revenue authorities and obtained some orders to the effect that the assignment made in favour of the first respondent was cancelled. Subsequently on 2908.2008 all the accused trespassed into the land and cut the causarina trees and high handedly ploughed the land and also damaged the bore-well and motor causing a total loss of Rs.1 lakh. The said complaint was forwarded by the Magistrate to the police for investigation under Section 156(3) Cr.P.C. The police registered the case in Crime No.104 of 2008 of Denkada Police Station and investigated into the matter and ultimately referred the matter as mistake of fact. Subsequently, on protest petition filed by the first respondent, the learned Magistrate took the cognizance of offence and the said case is now pending as C.C.No.253 of 2010 on the file of the Judicial First Class Magistrate, Vizianagaram. It has been submitted by the learned counsel appearing for the petitioners/accused that the dispute is purely civil in nature, after several rounds of litigation, Writ Petition No.24821 of 2008 is filed and pending before the High Court and therefore, the criminal proceedings are liable to be quashed. I absolutely see no force in the contention of the petitioners. Merely because a civil dispute is pending, the criminal proceedings shall not be quashed automatically. Ultimately, the questions viz. whether in fact the assignment of land made in favour of the first respondent was cancelled or not, if cancelled whether it is in accordance with law and who raised the causarina trees, have to be decided by the courts concerned after adducing evidence. It is premature to conclude that the criminal case is not maintainable when the civil dispute is pending before the Courts. For the above mentioned reasons, I see no valid grounds to quash the entire proceedings in C.C.No.253 of 2010, on the file of the Judicial First Class Magistrate, Vizianagaram and consequently, the criminal petition is dismissed at the stage of admission. _______________ R.KANTHA RAO,J Dated: 13.09.2010 kvrm HON’BLE SRI JUSTICE R.KANTHA RAO CRIMINAL PETITION NO.9152 OF 2010 DATE: 13.09.2010