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IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI
Y.LAKSHMANARAO
Moragudi Jaya Prasada Reddy, S/o.Vengala Reddy – Appellant
Versus
State Of Andhra Pradesh, Rep. By Its Public Prosecutor – Respondent
ORDER :
Y. LAKSHMANARAO, J.
Criminal Revision Case has been preferred under Sections 397 and 401 of Code of Criminal Procedure, 1973, the Cr.P.C., challenging the judgment dated 03.08.2023 in M.C.No.15 of 2023 passed by the learned Mandal Executive Officer-Mandal Tahsildar, Peddamudium Mandal, Peddamudium, YSR Kadapa District.
2. Sri P.Nagendra Reddy, learned Counsel for the Petitioners while reiterating the grounds of revision submits that the impugned orders issued by the Mandal Executive Officer-Mandal Tahsildar, Peddamudium Mandal, Peddamudium are manifestly contrary to law and stand vitiated by material irregularity. The exercise of jurisdiction by the Respondent No.2, in the absence of any demonstrable urgency or threat to public peace, constitutes a clear transgression of settled legal principles governing executive intervention under Section 145 of ‘the Cr.P.C.’ It is further contended that the Respondent No.2 has erroneously passed orders in M.C.No.15/2023, whereby both the A and B parties have been restrained from entering the subject land. Such a direction, issued without due consideration of the subsisting civil proceedings, is arbitrary and unsustainable in law.
3. Learned
When dispute with regard to same subject property is pending in a civil court, parallel proceedings under Section 145 Cr.P.C. are not maintainable before Executive Magistrate.
(1) Apprehension of breach of peace – Sections 145 and 146 of Cr.P.C. together constitute a scheme for resolution of a situation where there is a likelihood of a breach of peace because of a dispute ....
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