HON’BLE SRI JUSTICE SAMUDRALA GOVINDA RAJULU CRIMINAL PETITION NO.993 OF 2003 & CRIMINAL PETITION NO.2104 OF 2003 DATE:06.11.2009 CRIMINAL PETITION NO.993 OF 2003 Between: Sri Y.V. Satyanarayan Murthy and 4 others …… Petitioners. And: The State through Public Prosecutor, High Court of AP. …..Respondent. CRIMINAL PETITION NO.2104 OF 2003 Between: P. Rajagopala Chari and 6 others …… Petitioners. And: The State through Public Prosecutor, High Court of AP and another …..Respondents. HON’BLE SRI JUSTICE SAMUDRALA GOVINDA RAJULU CRIMINAL PETITION NO.993 OF 2003 & CRIMINAL PETITION NO.2104 OF 2003 COMMON ORDER: These two petitions are filed by the accused 1 to 12 (A1 to A12) under Section 482 of the Code of Criminal Procedure for quashing proceeding in P.R.C.No.1 of 2003 on the file of V Metropolitan Magistrate, Vijayawada. P.R.C.No.1 of 2003 arises out of private complaint filed by the 2nd respondent/complainant alleging the offence under Sections 147, 448, 384, 352, 452, 506, 395 read with Section 149, 120-B and 201 of the Indian Penal Code. Dispute between both the parties relates to Vijaywada Centre and Ashram of Shri Ram Chandra Mission of Shajahanpur. The 2nd respondent claiming himself as in-charge of the centre and Ashram at Vijayawada filed the private complaint in the lower court. On the other hand, A1 claims that he is President of Sri Ramachandra Mission, a spiritual organisation founded by Sri Ramji Maharaj. Thus there is rival claim between the two parties with regard to management of Vijayawada Centre of Shri Ram Chandra Mission. This case arose out of dispute relating to management between two groups, one led by the complainant/2nd respondent and the other led by A1. The complainant alleges an incident said to have taken place on 23.11.2002 at about 4.00 p.m in which some of the accused participated. Admittedly A1 and A2 were not at the scene and did not participate in the incident physically on that day. Without further going deep into criminal complaint filed by the 2nd respondent, it is sufficient if civil proceedings between the parties are taken note of while deciding these two criminal petitions. Even in the complaint, the 2nd respondent alleged that he obtained status quo order from the Court of IV Additional Junior Civil Judge, Vijayawada on 25.11.2002. It is further alleged in the complaint that inspite of the status quo order A1 and A6 to A12 threw out witness Nos.2 and 3 from the Ashram premises between 8.30 p.m and 12.00 midnight on 27.11.2002. On the other hand, Shri Ram Chandra Mission, Vijaywada centre representing by Y.V. Satyanarayana Murty (A1 herein) filed OS No.3212 of 2002 in the IV Additional Junior Civil Judge Court, Vijayawada against the complainant/2nd respondent and others for permanent injunction restraining them from interfering with day-to-day affairs and activities of the Mission in the plaint schedule property in any manner whatsoever. The plaint schedule property therein is the alleged scene of offence in P.R.C.No.1 of 2003. The IV Additional Junior Civil Judge, Vijayawada by the judgment and decree dated 21.07.2005 decreed the suit granting permanent injunction restraining the defendants etc., (including the complainant/2nd respondent herein), from interfering with day-to-day affairs and activities of the plaintiff in the schedule premises in any manner whatsoever. In the judgment, the said civil court came to the conclusion that the defendants therein were not in possession and management of the centre and its properties and that the alleged incident on the basis of which P.R.C No.1 of 2003 filed by the 1st defendant/complainant was nothing but a cock bull story. In that view of the matter, bottom of the complaint in P.R.C.No.1 of 2003 is knocked off and nothing survives in that criminal case. It is stated by the petitioners’ counsel that decree dated 21.07.2005 in O.S.No.3212 of 2002 of the IV Additional Junior Civil Judge, Vijayawada became final as no appeal was filed by the defendants therein including the complainant/2nd respondent herein. In the result, both the criminal petitions are allowed quashing proceedings in P.R.C.No.1 of 2003 on the file of V Metropolitan Magistrate, Vijayawada. ___________________________________ SAMUDRALA GOVINDA RAJULU,J Date: 06.11.2009. Gk. HON’BLE SRI JUSTICE SAMUDRALA GOVINDA RAJULU CRIMINAL PETITION NO.993 OF 2003 & CRIMINAL PETITION NO.2104 OF 2003 DATE:06.11.2009 Gk.