Telangana High Court
CRLP/230/2008 of Pasula Kistaiah, Vs The State of A.P., on 24 December 2009
HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) PRESENT THE HON'BLE SRI JUSTICE K.C.BHANU CRL.P.NO.230 OF 2008. Date:24.12.2009 Between:- Pasula Kistaiah ..Petitioner And The State of A.P., represented by its Public Prosecutor, High Court of A.P., Hyderabad.
IN THE HIGH COURT OF JUDICATURE, ANDHRAPRADESH AT HYDERABAD
(Special Original Jurisdiction)
PRESENT
THE HON'BLE SRI JUSTICE K.C.BHANU
CRL.P.NO.230 OF 2008.
Date:24.12.2009
Between:-
Pasula Kistaiah
..Petitioner
And
The State of A.P., represented by its Public Prosecutor, High Courtof A.P., Hyderabad.
.. Respondent
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-ORDER:
The petition under Section 482 Cr.P.C. is filed to quash theF.I.R. bearing No.3 dated 06.01.2008 filed against the petitioner bythe revenue officials on the file of Toopran Police Station, Toopranvillage and Mandal, Medak District.
The allegation is that the petitioner trespassed into thegovernment land and got dug a bore well and thereby, committed acriminal trespass into the government land and caused damage tothe land. Basing on the report of the revenue officials, the police registered a case in F.I.R.No.3 of 2008 for the offences underSections 447 and 427 I.P.C.
Inherent powers under Section 482 of Cr.P.C. can beexercised to prevent abuse of process of Court or to secure theends of Justice or to carry out the orders passed under this Code. It is equally well settled that if the allegations in the complaint do notmake out prima-facie offences punishable under Sections 447 and427 I.P.C., then only the question of quashing the complaint arises. When an allegation of the complaint made out a cognizable offence,it is the statutory duty of the police to conduct investigation and thatstatutory duty cannot be curtailed. The contention of the petitionerthat the land in question belonging to the petitioner cannot bedecided and determined at this stage. Therefore, there are nogrounds to quash the F.I.R.
In the result, the Criminal Petition is dismissed.
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K.C.BHANU, J