THE HON’BLE SRI JUSTICE SAMUDRALA GOVINDARAJULU CRIMINAL PETITION No.383 of 2007 Dated: 01ST FEBRUARY, 2010 Between: Kothuru Moshe …Petitioner AND The State rep. by its Public Prosecutor, High Court of A.P., Hyderabad …Respondent THE HON’BLE SRI JUSTICE SAMUDRALA GOVINDARAJULU CRIMINAL PETITION No.383 of 2007 ORDER: This petition is filed under Section 482 Cr.P.C. for quashing proceedings in M.C.No.23 of 2006 of Mandal Executive Magistrate, Ramachandrapuram. The Mandal Executive Magistrate, Ramachandrapuram, issued show-cause notice dated 26.12.2006 to the petitioners directing the petitioners to produce all relevant documents in an enquiry under Section 133 Cr.P.C. Those proceedings were commenced when the Sub-Inspector of Police, Ramachandrapuram Police Station filed complaint stating that the petitioners are conducting slaying of animals in massive scale for selling beef in R.S.No.460/5 in Chodavaram Village of Ramachandrapuram Mandal causing ill-health and health hazards to inhabitants in that village and in surrounding villages. The only point raised by the petitioners’ counsel in this petition before this Court is that under Section 133 Cr.P.C., any District Magistrate or Sub Divisional Magistrate can exercise powers and that if it is a case of exercise of powers by any other Executive Magistrate, that Executive Magistrate should have been specifically empowered in this behalf by the State Government, and that Mandal Executive Magistrate, Ramachandrapuram, was not specifically empowered by the State Government to exercise powers under Section 133 Cr.P.C. Reliance was placed by the petitioners’ counsel on Ayyappa Stone Crusher Vs. Mandal Revenue Officer (unreported decision dated 19.12.2000 passed by this Court in Criminal Petition No.3846 of 2000). Even though the Public Prosecutor took several adjournments for search and production of any G.O. empowering Mandal Executive Magistrate, Ramachandrapuram, under Section 133 Cr.P.C., the Public Prosecutor could not trace any such G.O. The Public Prosecutor stated that no G.O. empowering Mandal Executive Magistrate, Ramachandrapuram, could be traced. Thus, it is evident that exercise of powers by Mandal Executive Magistrate, Ramachandrapuram, under Section 133 Cr.P.C. is without jurisdiction. Hence, the criminal petition is allowed quashing proceedings of the Mandal Executive Magistrate, Ramachandrapuram, in M.C.No.23 of 2006. ___________________________________ SAMUDRALA GOVINDARAJULU, J February 01, 2010 Bvv