THE HON’BLE SRI JUSTICE E.V. VENUGOPAL CRIMINAL PETITION No.3630 OF 2021

O R D E R:

This Criminal Petition is filed under Section 482 of Cr.P.C.

seeking to quash the proceedings against the petitioner in C.C.No.178 of 2021 (Cr.No.278 of 2019 dated 22.05.2019) on the file of the learned Special Judicial First Class Magistrate (Excise and Prohibition Offences), at Sanga Reddy (for short, “the trial Court”) for the offences alleged under Section 431 of I.P.C. and Section 3 of P.D.P.P. Act.

2. Heard Mr.Srinivas Murthy, learned counsel representing Mr.T.S.Anand, learned counsel for the petitioner and Mr.E.Ganesh, learned Assistant Public Prosecutor appearing for respondent No.1-State.

3. The brief facts of the case are that on 22.05.2019 respondent No.3-Tahasildar filed a complaint stating there was a Chelikunta Tank existing in Survey No.398, admeasuring Ac 12.20 gts, at Tellapur Village of Ramachandrapuram Mandal and as per the FTL fixed by the irrigation authorities, some part of surrounding patta lands in (Sy No.6/P) of Osman nagan Village comes under FTL (Full Tank Level) area of Cheli Kunta and that the owners of said patta lands to an extent of Acs 5.18 gts in Sy No.6/P can utilize the FTL area for agricultural purposes only and they shall not change the existing natural shape of the land, as it will effect on water storage, free flow of water in the Shikam of Cheli Kunta Tank; that the said pattedars are raising the FTL area duly filling the gravel/mud and encroaching the FTL area and feeder channel of Cheli kunta. During the inspection, it is noticed that, the FTL area of patta land in Sy No.6/P of Osman nagar Village is filled with gravel/mud by the owners of patta land, by raising the height of the land and there by changing the natural shape of the FTL area which is not acceptable as per the rules. The above act of defacement of the land by the owners of the patta land will effect on water storage, free flow of water and creates an obstruction to the natural resources. Therefore, the complainant requested to initiate criminal action against the petitioner who is the representative of Cyber Employees Welfare Society owner of the patta land in Sy No.6/P situated at Osman nagar Village for filling gravel/mud in FTL area of Cheli kunta for encroaching the feeder channel, erection of compound wall and destruction of Bund of Feeder channel of Cheli Kunta at the earliest. Basing on the said facts, the present crime is registered.

4. Learned counsel for the petitioner submits that O.A.No.62 of 2016 has been filed before the National Green Tribunal, Chennai. Vide order dated 29.10.2020 the National Green Tribunal, Chennai disposed of the said O.A. on some conditions. Therefore, he states that the present complaint is filed only to harass the petitioner herein and hence, seeks to allow the Criminal Petition.

5. Learned Assistant Public Prosecutor submits that unless and until trial is conducted, the truth cannot be elicited and the indulgence of this Court, at this stage, is not warranted.

Therefore, he seeks to dismiss this Criminal Petition.

6. Having regard to the submissions of both the learned counsel and on perusing the material available on record, this Court without going into the merits or demerits of the case, is inclined to direct the petitioner to file an application seeking to discharge them before the trial Court by raising the contentions raised in this Criminal Petition. Upon filing of such an application, the trial Court shall examine and pass appropriate orders, as per law.

7. Accordingly, this Criminal Petition is disposed of. However, as sought for by the learned counsel for the petitioner, the appearance of the petitioner is dispensed with in C.C.No.178 of 2021 (Cr.No.278 of 2019 dated 22.05.2019) on the file of the learned Special Judicial First Class Magistrate (Excise and Prohibition Offences), at Sanga Reddy when represented by his counsel on record. The appearance of the petitioner is dispensed with subject to