Mandalaparthi Kishore Kiran And 2 ORS v. The State Of A.P., Rep. By P.P. And Antoher

SMT JUSTI CE T. RAJANI CRI MI NAL PETI TI ON No.1 0 2 4 of 2 0 1 7 ORDER:

This criminal petition is filed seeking for quashing of the order passed in Crl.MP.No.43 of 2017 in DVC.No.6 of 2017 dated 16.01.2017 on the file of the II Additional Judicial First Class Magistrate, Tanuku, West Godavari District.

2.

In the impugned order, the Court below directed the respondents not to alienate or dispose of the suit schedule properties pending disposal of the petition. Against the said order, this petition is filed. This Court in GI DUTHURI KESARI KUMAR v . STATE OF TELANGANA 1 held that since the remedies under the DVC Act are civil remedies and enquiry is not a trial of criminal case, the quash petition under Section 482 Cr.P.C. is not maintainable. Hence, in view of the above, the petition is dismissed with a direction to the petitioner to seek his available remedies under law. As a sequel, the miscellaneous applications, if any pending, shall stand closed.

__________ T. RAJANI, J October 16, 2017 LMV 1 (2015) SCC ONLINE HYD 17