HON’BLE SRI JUSTICE GOPALA KRISHNA TAMADA CRIMINAL PETITION No.1764 of 2007 ORDER: This criminal petition is filed by the petitioner-Accused No.3 seeking to quash the proceedings initiated against him in C.C.No.30 of 2007 on the file of the Judicial Magistrate of First Class, Pulivendula, Kadapa District. 2. The case of the prosecution as per the charge sheet, in brief, is that the defacto complainant is working as M.P.D.O. at Vempally. There are disputes with regard to ownership of land in Sy.Nos.374/2 and 375/2 of Vempally Village between the Zilla Parishad and Accused Nos.4 to 6. In November, 2004 the Zilla Parishad authorities removed the structures raised by the said accused treating them as unauthorized encroachments. Then, accused Nos.4 to 6 filed a suit before the Senior Civil Judge, Kadapa, against the Government and the Zilla Parishad authorities and the same was decreed on 31.12.2004 directing the defendants therein to hand over the untouched structures to A.4 to A.6 within 15 days. Pursuant thereto, A.4 to A.6 took possession of the land through the Court Amin. While so, on 09.01.2005 A.1 and A.23 trespassed into the said site and tried to erect some structures. At that time, the Congress Party people, who are supporting the version of the Government, gathered there and there was some commotion between the accused, who are belonging to Telugu Desam Party, and the Congress Party people. Therefore, the police arrested A.1 and 40 others, and basing on the report of the defacto complainant, registered Crime No.4 of 2005 for the offence under Section 151 Cr.P.C. and after completion of investigation filed charge sheet against A.1 to A.30 for the offences punishable under Sections 147, 447, 427 r/w 149 IPC and Section 3 of the Prevention of Damage of Public Property Act. 3. Heard both sides. 4. It is mainly contended by the learned counsel for the petitioner-A.3 that the petitioner is a practising Advocate and he has nothing to do with the offence, and simply because he filed a civil suit on behalf of A.4 to A.6 against the Government represented by the defacto complainant and obtained interim orders, the defacto complainant falsely implicated him in this case, and the police, without going into the facts, filed charge sheet as though the petitioner is hand in glove with the other accused. 5. In all, there are 30 accused. Apparently, there are disputes between the Government and A.4 to A.6 with regard to ownership of the land in Sy.Nos. 374/2 and 375/2 of Vempally Village. In that regard, A.4 to A.6 filed civil suits in O.S.Nos.197, 198 and 1999 of 2004 against the District Collector and the Zilla Parishad authorities concerned by engaging the petitioner herein as their Advocate. On that, it cannot be said that the petitioner is also responsible for the offence. It is the duty of an Advocate to conduct cases on behalf of his clients. 6. Further, from a reading of the allegations made in the complaint, it is clear that there are no allegations against the petitioner-A.3, except an omnibus allegation i.e., “all the accused formed themselves into an unlawful assembly, trespassed into the disputed site and tried to erect some temporary structures”. From this, it cannot be said that the petitioner also had committed the offence as stated in the charge sheet filed by the Sub-Inspector of Police, Vempalli P.S. In my considered view, before filing the charge sheet, the police should have looked into the said aspect. In the light of the same, figuring the petitioner herein as Accused No.3 in C.C.No.30 of 2007 is nothing but abuse of process of the court. Therefore, this Court is inclined to exercise its inherent powers conferred under Section 482 Cr.P.C. 7. Accordingly, the Criminal Petition is allowed and the proceedings in C.C.No.30 of 2007 on the file of the Judicial Magistrate of First Class, Pulivendula, Kadapa District, in so far as the petitioner herein-A.3 is concerned, are quashed. _______________________________ GOPALA KRISHNA TAMADA,J 24th June, 2010 CBS HON’BLE SRI JUSTICE GOPALA KRISHNA TAMADA CRIMINAL PETITION No.1764 of 2007 (Allowed) Date:24-06-2010 CBS