HON’BLE SRI JUSTICE SAMUDRALA GOVINDARAJULU CRIMINAL PETITION No.5502 of 2009 Dated 12-11-2010 Between: Katthi Venkata Kalyana Chakravarthy and another. …Petitioners. And: Srikakulam Municipality, Srikakulam Town and District, represented by its Commissioner and another. …Respondents. HON’BLE SRI JUSTICE SAMUDRALA GOVINDARAJULU CRIMINAL PETITION No.5502 of 2009 ORDER: The petitioners 1 and 2/A.1 and A.2 are accused of offences punishable under Sections 447 and 427 I.P.C. in C.C.No.1067 of 2008 on the file of Additional Judicial Magistrate of the First Class, Srikakulam. Subject matter of the alleged trespass is Ac.0-42 cents in T.S.No.823 of DCCBE Colony, Srikakulam. The 1st respondent/defacto complainant namely Commissioner of Srikakulam Municipality gave report to the Station House Officer, I Town Police Station, Srikakulam, on 20-5- 2008 alleging that A.1 and A.2 trespassed into the Municipal site in L.P.No.117/90 and on complaint by resident of the locality, the Commissioner along with Town Planning Officer inspected the site and found destruction of eight brick pillars constructed in that municipal land to protect lay out reserved open sites as per directions of this Court in W.P.No.15188 of 2006. After registering the said report as case in Crime No.114 of 2008, the police investigated into the same and filed charge sheet before the Magistrate. It is contention of A.1 that he is owner of Ac.0-41 cents of land in old S.No.107 corresponding to T.S.No.825 and that L.P.No.117 of 90 encroached into his land in T.S.No.825 and that therefore A.1 filed O.S.No.6 of 2008 in the Vacation Civil Court, Srikakulam and obtained interim injunction against Srikakulam Municipality in I.A.No.36 of 2008 therein. The petitioners filed copy of affidavit, petition and plaint schedule therein along with interim order passed by the Vacation Civil Judge, Srikakulam. Subsequently the said suit was renumbered as O.S.No.15 of 2008 in the regular Court. Copy of Town Survey Plan relating to block No.29 issued by Town Surveyor, Srikakulam shows that L.P.No.117 of 90 which is reserved as municipal open site is not only in 823/2 but also in 825. When A.1 obtained interim injunction on 16-5-2008 from the Civil Court in respect of Ac.0.41 cents in new S.No.825, it cannot be said that A.1 had trespassed into the municipal land by 20-5-2008. It is evident from the record that there is bonafide dispute regarding title of subject matter of this litigation covered by the Criminal Case in which both the defacto complainant as well as A.1 claim rights. The said dispute regarding title is pending in a Civil Court. It is stated that civil suit is still pending. Therefore, having regard to the bonafide dispute regarding title to the property in question, it cannot be said that when A.1 along with his man A.2 entered into and demolished brick pillars in S.No.825, they have committed criminal trespass and mischief punishable under Sections 447 and 427 I.P.C. Therefore, this Court is of the opinion that continuation of criminal proceedings in lower Court against A.1 and A.2 is nothing but abuse of process of law. In the result, the Criminal Petition is allowed quashing proceedings in C.C.No.1067 of 2008 on the file of Additional Judicial Magistrate of the First Class, Srikakulam. ____________________________________________ Justice SAMUDRALA GOVINDARAJULU Dated 12-11-2010. Dvs HON’BLE SRI JUSTICE SAMUDRALA GOVINDARAJULU CRIMINAL PETITION No.5502 of 2009 Dated 12-11-2010