Meesala Surya Narayana v. The State Of Andhra Pradesh

THE HON'BLE SRI JUSTICE M. SATYANARAYANA MURTHY CRIMINAL PETITION No.16302 of 2016

ORDER

This petition under Section 482 Cr.P.C., is filed to quash the proceedings in M.C.No.100 of 2016, wherein the learned Sub-Divisional Magistrate, Vizianagaram, passed a preliminary order dated 29.07.2016 directing the petitioners to appear before him on 27.08.2016 at 10.30 AM., to show cause as to why they should not be directed to execute bonds for a sum as deemed fit each and to keep peace in the area for the period as the Court deem fit.

2.

The contention of petitioners is that all of them are senior citizens, women, children etc., and were falsely implicated in the proceedings on the representation made by 'A' party i.e., Meesala Janardhana and Meesala Sulochana, unnecessarily and on account of such preliminary order passed by the Sub-Divisional Magistrate, the petitioners are put to serious hardship and prayed to quash the proceedings against them. 3.

The ground urged by petitioners in this petition is false implication. This Court, while exercising jurisdiction under Section 482 Cr.P.C., cannot decide the falsity of the allegations made against the petitioners and if there is any illegality in the order passed by the Sub-Divisional Magistrate while exercising jurisdiction under Section 111 read with Section 107 Cr.P.C., this Court can interfere and quash the said proceedings. Here, the Sub-Divisional Magistrate only issued notice to the petitioners calling upon them to appear before him on 27.08.2016 at 10.30 AM., and execute bonds for a sum as deemed fit each, as referred above. However, the contention of learned counsel for petitioners is that the Court below is insisting upon the petitioners to appear before the Court on each and every date of adjournment. But, that is not borne out from the record and

MSM,J CRL.P.No.16302 of 2016 the challenge is only to the extent of preliminary order dated 29.07.2016. However, in order to avoid hardship to petitioners, the Sub-Divisional Magistrate, Vizianagaram, is directed to decide the matter in accordance with law, within one month from the date of receipt of a copy of this order. 4.

With the above direction, the Criminal petition is disposed of. Miscellaneous petitions, if any, pending in this criminal petition shall stand closed.

___________________________ M. SATYANARAYANA MURTHY, J 25th November, 2016 sj