THE HON’BLE SRI JUSTICE P.SWAROOP REDDY CRIMINAL PETITION No.736 of 2010 Dated : 03.02.2010 Between : Maddipudi Ramakrishna & others ….. Petitioners/Accused a n d The State of A.P. & another ….. Respondents THE HON’BLE SRI JUSTICE P.SWAROOP REDDY CRIMINAL PETITION No.736 OF 2010 ORDER : This criminal petition under Section 482 of Cr.P.C. is filed by the petitioners-Accused seeking to quash the proceedings in Crime No.5 of 2010 of Rangampeta Police Station, East Godavari District, registered for the offence punishable under Sections 447, 353 and 506 read with Section 34 I.P.C. 2) Heard. 3) The allegations against the petitioners are that on 22.01.2010 all the petitioners herein illegally tried to erect huts in the land belonging to Chandredu Gram Panchayath and when the complainant and others tried to obstruct the petitioners, they abused and assaulted the complainant and others. 4) Learned counsel for the petitioners contends that the wives of the petitioners claiming themselves to be the occupants of the disputed site filed W.P.No.1497 of 2010 and that now to occupy the subject land and to give it to the henchmen of the Sarpanch, present case is foisted against the petitioners. 5) There is no dispute that the above writ petition is filed only after the present F.I.R. is registered. Thus, as contended by the learned Public Prosecutor only to get over the situation, the writ petition might have been got filed by the petitioners by their womenfolk. As per the complainant’s case, the villagers wanted to develop the disputed site into a community Center. 6) The learned counsel for the petitioners contends that vide orders in W.P.M.P.No.198 of 2010 in W.P.No.1497 of 2010 the wives of the petitioners are directed to be not evicted except in accordance with law. No copy of such order is filed except an unsigned telegraphic order. The affidavit therein would not show when they came into possession and that aspect is deliberately omitted. 7) Considering all the circumstances, it is directed that the petitioners shall not be arrested till filing of charge sheet, if any, subject to the condition that the petitioners or their wives shall not occupy the subject land. 8) Accordingly, the criminal petition is disposed of. ______________________ P.SWAROOP REDDY, J 3rd February, 2010 SUR