Chidepudi Malla Reddy v. The Mandal Executive Magistrate And Tahsildar

SMT JUSTI CE T. RAJANI CRI MI NAL PETI TI ON No.5 0 8 3 of 2 0 1 1 ORDER:

This petition is filed seeking for quash of the proceedings in Crime No.29 of 2011 on the file of the Station House Officer, Tsundur Police Station, Guntur District.

2.

Heard the counsel for the petitioners and the Public Prosecutor appearing for the respondents.

3.

The counsel for the petitioners takes the attention of this court to the background history of the present complaint filed by the Tahsildar, Tsundur Mandal. The complainant herein filed complaint on 06.08.2010 under Section 145 Cr.P.C. and against the said order, a revision was preferred by the petitioner herein before this court in Crl.R.C.No.1716 of 2010 and the impugned orders therein were set aside.

Subsequent to that, the complainant issued another order, dated 20.04.2011, against which the petitioner herein approached this court and the said order was quashed. Now the complainant files this complaint stating that the petitioner herein, though obtained order from the Hon'ble High Court, created nuisance at their office and that they also intimidated the Village Servant - Jaladi Sudhakar. The counsel for the petitioner submits that the crop was already taken possession of by the petitioner herein and that the Tahsildar, taking grouse of the earlier orders obtained by the petitioner, quashing his proceedings, filed this complaint in order to harass the petitioner.

4.

What can be gathered from the background facts, supports the contention of the petitioner's counsel and it appears that the Tahsildar has taken offence of the action of the petitioner in getting all the orders passed by him set aside or quashed by the Hon'ble High Court and the motive for filing this complaint is obvious. Hence, an opinion that this complaint would result in sheer abuse of process of law can be gathered and hence, the further proceedings in Cr.No.29 of 2011 on the file of the Tsundur Police Station, Guntur District are hereby quashed. With the above observations, the Criminal Petition is allowed. As a sequel, the miscellaneous applications, if any pending, shall stand closed.

_ _ _ _ _ _ _ _ _ _ T. RAJANI , J November 8, 2017 LMV