HON’BLE SRI JUSTICE B.SESHASAYANA REDDY CRIMINAL PETITION No. 3090 of 2007 ORDER: This petition has been filed U/Sec. 482 of Cr.P.C. by A-2 to A-5 in CC No. 828 of 2003 on the file of the I Addl.Metropolitan Sessions Judge, Vijayawada (earlier VI Metropolitan Magistrate) with a prayer to quash the proceedings therein. 2. The facts of the case in brief are that the 2nd respondent filed a complaint before the VI Addl. Metropolitan Magistrate, Vijayawada against the petitioners herein alleging inter alia that they trespassed into the land possessed by him on 01-10-2001 and beat him and caused damage to the crop. The complaint was taken on file by the VI Metropolitan Magistrate filed a CC No828 of 2003. Hence this petition by A2- to A5 with a prayer stated supra. 3. Notice to the respondent No.2 came to be ordered on 30-04-2007. The respondent No.2 entered appearance through a counsel. 4. Heard the learned counsel appearing for the parties. 5. Learned counsel appearing for the petitioners submitted that the very fabric of the case as to possession of the property of Ac.10.74 cents by the complainant came to be disbelieved by the civil court in I.A. No. 1320 of 2001 in OS No. 2606 of 2001 on the file of the I Addl. Junior Civil Judge’s Court, Vijayawada and the finding recorded by the trial court came to be confirmed by the appellate court in CMA No. 64 of 2002 on the file of the IV Addl. Senior Civil Judge (FTC) Vijayawada and in which case continuance of criminal proceedings in respect of the same land amounts to abuse of process of law. 6. Learned counsel appearing for the 2nd respondent –complainant submitted that the civil suit is still pending and evidence is yet to be adduced in the case to decide as to the possession of the property in dispute and that no finality has been arrived at. 7. The 2nd respondent-complainant presented the complaint asserting that he is in possession of the property of Ac.10.74 cents and the petitioners herein along with another person attempted to dispossess him and in that process, he has been manhandled by the petitioners and that he approached the civil court by filing OS No. 2606 of 2001 on the file of the I Addl. Junior Civil Judge’s Court, Vijayawada. He also moved IA No.1320 of 2001 seeking for temporary injunction pending disposal of the subject matter of the suit of Ac.10.74 cents. The trial court on considering the material brought on record refused to grant temporary injunction by order dated 03-01-2002. The respondent No.2- complainant assailed the order by filing CMA No. 64 of 2002 on the file of the IV Addl. Senior Civil Judge (FTC) Vijayawada. The appeal ended in dismissal confirming the order passed in IA No. 1320 of 2001 in OS No. 2602 of 2001 on the file of the I Addl. Junior Civil Judge’s Court, Vijayawada. The finding recorded by the civil court is that the complainant is not in possession of the property. Such is the finding recorded by the civil court, the very basis on which the complaint is filed, falls to the ground. 8. In the given facts and circumstances of the case, continuation of the criminal proceedings in the above calendar case amounts to abuse of process of law. 9. Accordingly, the criminal petition is allowed and quashed the proceedings initiated in CC No. 828 of 2003 on the file of the court of the I Addl. Metropolitan Magistrate, Vijayawada (earlier VI Metropolitan Magistrate). ____________ 08-07-2010 Mjl/* HON’BLE SRI JUSTICE B.SESHASAYANA REDDY CRIMINAL PETITION No. 3090 of 2007 Dated: 08-07-2010 Mjl/*