Inherent powers under Section 482 of Cr.P.C. can quash criminal proceedings when no prima facie case is established, preventing abuse of legal process.

JUDGMENT / ORDER :

The instant petition under Section 482 of Code of Criminal Procedure 1973 (for short 'Cr.P.C'), is preferred by the petitioner/accused, seeking quashment of proceedings against him in Crime No.65 of 2022 on the file of Tiruchanur Police Station, Tirupati Rural Mandal, Chittoor District, registered for the offence under Sections 447 , 353 and 506 of the INDIAN PENAL CODE , 1860 (for short 'IPC').

2. The facts mentioned in the complaint, in brief, are as follows :

(a) Respondent No.3 has been working as Village Revenue Officer of Yogimallavaram Village.

(b) Petitioner/accused filed WP No.1507/2022 before this Court with regard to the land in Sy.Nos.1/1 and 1/2 is the Government Cheruvu Poramboku, wherein, this Court ordered status quo. As such, in view of the said order, either the Government or the petitioner has no right to enter into the said property.

(c) That being so, on 12.02.2022 at about 7.00 a.m., in violation of the status quo order of this Court, while the petitioner, alongwith some coolies, was planting paddy crop, when respondent No.3 tried to prevent him in doing so, the petitioner threatened him with dire consequences and thereby obstructed him from discharging his duties.

(d) As such, he lodged a complaint against the petitioner/accused with the Police, which was registered as a case in Crime No.65/2022 for the above said offences on the file of Tiruchanur Police Station, Tirupati Rural Mandal.

(e) Being aggrieved by the registration of the said crime, the petitioner/accused filed the present petition seeking quashment of the proceedings against him.

Arguments Advanced at the Bar

3. Heard Sri A. Chandraiah Naidu, learned Counsel for the petitioners and Ms. D. Prasanna Lakshmi, learned Assistant Public Prosecutor for State/respondent Nos.1 to 3.

4. Learned Counsel for the petitioner would submit that as per the judgment and decree passed in OS No.578/1990 on the file of the Court of I Additional District Munsif, Tirupati, the petitioner has been in possession and enjoyment of the subject property, as such the commission of offence of trespass into the said property by the petitioner and the consequential offences do not arise. Learned Counsel would further submit that the status quo order dated 28.10.2022 passed in WP No.1507 of 2022 by this Court is no way prevented the petitioner from continuation of his cultivation in the subject land. The petitioner has not committed any offence much less the alleged offence and he was falsely implicated in the present case based on the false and untenable allegations. Therefore, continuation of proceedings against the petitioners is an abuse of process of law and hence, prayed to quash the same.

5. Refuting the arguments referred to above, learned Assistant Public Prosecutor would submit that there are specific allegations against the petitioner. In view of the stay granted, the investigation could not be done and the truth or otherwise of the said allegations will be revealed during investigation. Therefore, the proceedings against the petitioner, at this stage, cannot be quashed. Hence, prayed to dismiss the petition.

Point for Determination

6. Having heard the submissions of the learned Counsel representing both the parties, now the point that would emerge for determination is :

Whether there are any justifiable grounds for quashment of proceedings against the petitioner/ accused in Crime No.65 of 2022 on the file of Tiruchanur Police Station, Tirupati Rural Mandal, Chittoor District?

Determination by the Court

7. A bare perusal o