Judgment · High Court · 2022
Case at a glance
Outcome
Disposed of
circusmtances, the Criminal Petition is disposed of, with
Provisions considered
- Code of Criminal Procedure, 1973 s. 482
- Indian Penal Code, 1860 ss. 143, 147, 148, 149, 324, 447, 506
- Castes and the Scheduled Tribes (Prevention of Atrocities) Amendment Act, 2015
Key paragraphs
- Para 66. Admittedly, there are civil disputes pending between the parties in respect of the subject property. In connection with the same, Writ Petition No.15579 of 2020 came to be filed and there is a statuo quo order subsisting as on date. The said Writ Petition…
Judgment
The present Criminal Petition is filed, under Section 482 CrPC, seeking to quash the proceedings in crime No.194 of 2020 of Yerpedu police station, Tirupati urban, registered for the offences punishable under Sections 447, 143, 324, 506, 147, 148 read with 149 IPC and 3 (1) (f) and 3 (1) (g) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Amendment Act, 2015. Petitioners herein are A.1, A.5 to A.8, A.10, A.11, A.13, A.14, A.16, A.17, A.22 and A.23 in the aforesaid crime.
Basing on a report lodged by 1st respondent, the aforesaid case came to be registered by police. The allegations in the report may be stated as follows. The District Collector, Chittoor, vide order dated
13.01.2020, ordered for eviction of illegal occupiers in order to restore the lands to legal representatives of original assignees of Nakkalavallu. Pursuant to the said 2 orders, Nakkalavaalu entered into the lands and were erecting huts for their residences. On 08.08.2020 at about 2.00 PM to 3.00 PM, 25 persons mentioned in the report along with their henchmen, totally about more than 100 persons, entered into the lands and removed huts by Thalaris in the presence of Village Revenue Officer forcibly by pressure by creating fearful atmosphere. The Shikaris/Nakkalavaalu, who were coming by Tata ACE was colluded by entertaining a Tractor by the accused who are mentioned in the report inhumanly and the persons mentioned in the report sustained severe injuries. Because of the creation of fearful atmosphere with dangerous weapons, Shikaris ran away from there to safeguard their lives. Hence, the report.
Learned counsel for the petitioners submitted that there are civil disputes pending between both the parties and there is a status quo order in favour of the petitioners herein are concerned in respect of the subject property, vide Order dated 02.09.2020 in Writ Petition 3 No.15579 of 2020 passed by this Court, and in order to over come the said proceedings, legal heirs of defendants in the civil suit resorted to file the present police report. After arguing for some time, the learned counsel confined his relief to the extent of protection from arrest of the petitioners in the subject crime.
Heard. Perused the record.
Operative part
Admittedly, there are civil disputes pending between the parties in respect of the subject property. In connection with the same, Writ Petition No.15579 of 2020 came to be filed and there is a statuo quo order subsisting as on date. The said Writ Petition is pending before this Court. Having regard to the aforesaid circusmtances, the Criminal Petition is disposed of, with a direction to the police to proceed with the investigation without arrest of the petitioners. Pending Miscellaneous Petitions, if any, shall stand closed.
13.09.2022. DRK ___________________________________ JUSTICE K. SREENIVASA REDDY 4 THE HONOURABLE SRI JUSTICE K. SREENIVASA REDDY Criminal Petition No.4435 of 2020
13.09.2022 DRK
Questions this judgment answers
What did the Court decide in this case?
The Court recorded the following disposition: circusmtances, the Criminal Petition is disposed of, with
Which statutory provisions did this judgment involve?
Code of Criminal Procedure, 1973 — s. 482; Indian Penal Code, 1860 — ss. 143, 147, 148, 149, 324, 447, 506; Castes and the Scheduled Tribes (Prevention of Atrocities) Amendment Act, 2015.
Which court decided this case, and when?
Andhra Pradesh High Court, on 13 Sep 2022. The bench was K SREENIVASA REDDY.
Precedent status how later indexed judgments have treated this case
No known negative treatment found in the Courts & Cases corpus.
This is a result about the indexed corpus, not a finding that the judgment remains good law. Coverage may be incomplete.