THE HON’BLE SRI JUSTICE K.C.BHANU CRIMINAL PETITION No.173 of 2008 ORDER: This petition is filed seeking to quash the proceedings in Crime No.5 of 2008 registered against the petitioners by the Station House Officer, Hanuman Junction Police Station, Krishna District on the complaint given by the first respondent. 2. The brief facts of the case are that the land admeasuring Ac.0.69 cents in R.S.No.570/2 of Veleru Village, Bapulapadu Mandal, Krishna District, belonging to the Government, was allotted to the journalists of Bapulapadu Mandal and the same was informed in the village through tom-tom and also by pasting notice in the Panchayat office. When the Mandal Revenue Officer deputed the concerned persons to survey the land to divide into plots, the petitioners herein came to the scene of occurrence, abused the revenue officials in filthy language, pulled the survey chain from them and obstructed the complainant and others while discharging their legitimate duties. Basing on the report given by the complainant, the police registered a case in Crime No.5 of 2008 against the petitioners under Section 353 IPC read with 34 IPC. 3. Learned counsel for the petitioners contended that since a long time, petitioners are the absolute owners of the property of an extent of Acs.2.49 cents in S.No.570/1-C having purchased the same through a registered sale deed and are in possession of the same and therefore, the revenue officials have no right to enter into the said land. He further contended that as regards their interference with the possession of the petitioners’ property, the first petitioner filed W.P.No.27935 of 2007 before this Court and obtained an order of status quo. Therefore, continuation of proceedings against the petitioners with regard to the same subject matter is nothing but an abuse of process of Court. 4. On the other hand, learned counsel representing the learned Public Prosecutor submits that when the revenue officials went to the land admeasuring Ac.0.69 cents in Survey No.570/2, the petitioners objected and pulled the survey chain from them. Thus, prima facie offence of Section 353 IPC is made out and hence, there are no grounds to quash the proceedings. 5. Section 353 IPC reads as follows: “Whoever assaults or uses criminal force to any person being a public servant in the execution of his duty as such public servant, or with intent to prevent or deter that person from discharging his duty as such public servant, or in consequence of anything done or attempted to be done by such person in the lawful discharge of his duty as such public servant, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both. 6. There cannot be any dispute that the inherent powers under Section 482 Cr.P.C. can be exercised to prevent abuse of process of Court or to secure the ends of justice. This being the extraordinary remedy, it has to be exercised with great care and caution and with circumspection. It is well settled that if the allegations in the complaint do not make out a prima facie case of the offence alleged against the accused, then only the question of quashing the complaint arises. It is not necessary to delve deep into the allegations whether they are correct or not. If the allegations make out a prima facie case, then it is the statutory duty of the authority concerned to proceed further. 7. It is the case of the revenue department that Ac.0.69 cents of land is available by the side of the land of the first petitioner and when the revenue officials went to survey the Government land, obstruction was caused by the petitioners disputing with regard to the availability of the Government land by the side of the land of the first petitioner. Whether survey was conducted in the land of the petitioners or whether the Government land is available in Survey No.570/2 of Veleru Panchayat limits, is a question of fact, which cannot be decided or determined in exercise of powers under Section 482 Cr.P.C. It is alleged in the complaint that when the revenue officials went to identify the land to an extent of Ac.0.69 cents in Survey No.570/2, which was allotted to the journalists of Bapulapadu Mandal, there was obstruction caused by the petitioners and they are not supposed to take law into their own hands. It is also alleged in the complaint that the petitioners behaved highhandedly, pulled the survey chain and obstructed the complainant and others, when they were discharging their legitimate duties. Since the above allegations make out prima facie case against the petitioners, the question of quashing the complaint against them does not arise. 8. The criminal petition is accordingly dismissed. The contentions raised by the learned counsel for the petitioners before this Court can be raised before the trial Court and any observations made in this order will be only for the purpose of disposal of this petition. _______________ K.C.BHANU, J 22nd DECEMBER, 2009. kvni