THE HON’BLE SRI JUSTICE K.C.BHANU CRIMINAL PETITION NOS.58 AND 895 OF 2009 DATED: 05-08-2010 CRIMINAL PETITION NO.58 OF 2009 Between 1.Rayapati Srinivasa Rao and another …Petitioners And 1.G.Rajya Lakshmi and four others …Respondents CRIMINAL PETITION NO.895 OF 2009 Between 1.G.Rajya Lakshmi and three others …Petitioners And 1.Rayapati Srinivasa Rao and two others …Respondents THE HON’BLE SRI JUSTICE K.C.BHANU CRIMINAL PETITION NOS.58 AND 895 OF 2007 COMMON ORDER: These two petitions under Section 482 Cr.P.C. are filed to quash the order, dated 12-12-2008, in M.C.No.92/2008/A, on the file of the Tahsildar and Mandal Executive Magistrate, Guntur. 2. Heard both the counsel. 3. On the ground that there is a likelihood of breach of peace and law and order, Mandal Executive Magistrate, Guntur, promulgated prohibitory order under Section 145 Cr.P.C. restraining the petitioners in both the petitions, who are ‘A’ and ‘B’ party from entering into the Ginning Mill, Godowns, vacant land at Gorantla (Nagaralu) of Guntur Mandal from 12-12-2008 to until further orders. 4. Admittedly, some civil suits are pending between the parties. As a matter of fact, ad-interim injunction was granted in respect of the same property in O.S.No.1796 of 2003 on the file of the III Additional Junior Civil Judge, Guntur. From time to time, injunction was extended until further orders. In view of the injunction orders passed by the competent civil Court in respect of the same subject matter of the property, the Mandal Executive Magistrate, Guntur, ought not to have passed the same order restraining ‘A and ‘B party from entering into the property. He would have advised both the parties to seek their redressel before the competent civil Court where the civil suits are pending. Therefore, the impugned order is liable to be quashed. 5. Accordingly, both the Criminal Petitions are allowed setting aside the order, dated 12-12-2008 passed in M. C.No.92/2008/A, by the Tahsildar and Mandal Executive Magistrate, Guntur. ------------------------------- JUSTICE K.C.BHANU DATED:05-08-2010 Hsd