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2010 Supreme(AP) 99

HIGH COURT OF ANDHRA PRADESH
SAMUDRALA GOVINDARAJULU,j.
S. SANTHOSH REDDY
VS.
STATE
Crl. P. No. 1197 of 2007
Decided On : FEBRUARY 19, 2010

Advocates Appeared:
S.NIRANJAN REDDY, V.PATTABHI,

Headnote:

Criminal Procedure Code - Sections 482 and 362 - Code of Criminal procedure, 1898, 561a - Indian Penal Code - Sections 447, 504 and 95 - Quashing proceedings - Possession and cultivation - Ancestral property - Revenue records - Injunction - Record - Petition is filed by accused under Section 482 cr. P. C for quashing proceedings in on file of viii relating to offences punishable under sections 447 and 504 I. P. C. On report given by 2nd respondent/defacto complainant Police registered case in Crime No. investigated into same and filed charge sheet in lower court - Subject matter of dispute between parties is of land - Alleged that respondent and another have been in possession and cultivation of said land as their ancestral property as per purchase document and revenue records and that on noon came in three cars criminally trespassed into those lands erected boards and abused respondent and another in filthy language and warned them to leave lands and that intended to grab land – Held, Court that High Court with its original as well as appellate criminal jurisdiction also comes within purview of general prohibition in Section 369 of code of and therefore High Court has no power to alter or review its own judgment - Similar rulings are given by Supreme court in subsequent decisions in and - Having regard to above case law and having regard to above quoted finding of this Court in previous criminal petition this Court has absolutely no hesitation to hold that present petition is nothing but abuse of provision contained in Section 482 cr. P. C - Contended by petitioners counsel that offence is trivial one and is covered by Section 95 I. P. C - It is open for petitioners to put forth this contention also before trial court at time of trial - Petition is dismissed.

( 1 ) THIS petition is filed by the accused nos. 1 to 3 (A-1 to A-3) under Section 482 cr. P. C for quashing proceedings in c. C. No. 2598 of 2005 on the file of viii Metropolitan Magistrate, Rajendranagar relating to offences punishable under sections 447 and 504 I. P. C.

( 2 ) ON report given by the 2nd respondent/defacto complainant, the Narsingi Police registered case in Crime No. 121 of 2005, investigated into the same and filed charge sheet in the lower court. Subject matter of dispute between the parties is Ac. 23. 14 guntas of land in S. Nos. 232, 233 and 234 of manchirevula village. It is alleged that the 2nd respondent and another have been in possession and cultivation of the said land as their ancestral property as per purchase document and revenue records and that on 11. 06. 2005 at about 12. 00 noon A-1 to A-3 came in three cars, criminally trespassed into those lands, erected boards and abused the 2nd respondent and another in filthy language and warned them to leave the lands and that A-1 to A-3 intended to grab the land.

( 3 ) AT the out set, it may be noted that the petitioners previously filed Criminal Petition no. 3931 of 2006 in this Court for quashing the same proceedings which are being challenged in this petition also and that this court dismissed the same by order dated 25. 01. 2007. Again the petitioners filed this petition on 12. 02. 2007 for the same relief as before.

( 4 ) THE petitioner's counsel contended that previous Criminal Petition No. 3931 of 2006 was dismissed on the ground that injunction order in favour of the petitioners was in force for a limited period only and that there was no injunction subsisting by the date of First information Report. Now the petitioners' counsel intends to take this Court through criminal case records and tried to contend that the record does not prima facie prove any offences for which the petitioners are being prosecuted.

( 5 ) IN previous order dated 27. 01. 2007 in criminal Petition No. 3931 of 2006, this Court (Dr. G. Yethirajulu,j) dismissed the same with the following observations:-

"from the allegations of the complaint there is a prima facie material that the petitioners trespassed into the land and abused the second respondent and others. The complaint said to be fried by the petitioners is subsequent to the complaint filed by the complainant, therefore, it is a fit case to prosecute the accused and the present petition is liable to be dismissed. "

It is not correct to contend that previously this Court did not go into criminal case record and disposed of previous petition on technical ground of there being no injunction order by the date of report of the 2nd respondent. This Court considered allegations in the complaint and came to the conclusion that there is prima facie material that the petitioners trespassed into the land and abused the 2nd respondent and others. In that view of the matter, this petition for second consideration of the criminal case record is nothing but abuse of process of law.

( 6 ) IN State v. K. V. Rajendran (1) (2008)8 SCC 673 the Supreme Court while considering scope of Section 482 Cr. P. C and relevant case law on the subject, observed :-

"section 482 enables the High Court to make such order as may be necessary to give effect to any order under the code or to prevent abuse of the process of any court or otherwise to secure the ends of justice. The inherent powers, however, are as much controlled by principle and precedent as are its express powers by statutes. If a matter is covered by an express letter of law, the court cannot give a go-by to the statutory provisions and instead evolve a new provision in the garb of inherent jurisdiction. "

The Supreme Court observed that reopening of order passed in a petition under section 482 Cr. P. C finally decided, on grounds other than ground of clerical or arithmetical mistake contemplated in Section 362 cr. P. C. , is impermissible and that the Court cannot give a go-bye to statutor






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