IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI

THURSDAY, THE SEVENTEENTH DAY OF FEBRUARY

TWO THOUSAND AND TWENTY TWO

:PRESENT:

THE HONOURABLE SRI JUSTICE D RAMESH

CRIMINAL PETITION NO: 856 OF 2022

Between:

• 1. K. Anantha Narayana Charyulu, S/o. Narasimha Charyulu, Aged 70 Years, Occ Archaka in Sri Venugopala Swamy Temple, Valluru Village, Kapileswarapuram Mandal, E.G. District.
• 2. K.B.N. Acharyulu, S/o. Narasimha Charyulu, Aged 67 Years, Occ Archaka in Sri Venugopala Swamy Temple, Valluru Village, Kapileswarapuram Mandal, E.G. District.
• 3. K.A.N.R. Kumar, S/o. Gopala Charyulu, Aged 40 Years, Occ: Archaka in Sri Venugopala Swamy Temple, Valluru Village, Kapileswarapuram Mandal, E.G. District.

...Petitioners/Accused Nos.1 to 3

AND

• 1. The State of Andhra Pradesh, Rep. by it's Public Prosecutor, High Court of Judicature at Amaravathi.
• 2. The Executive Officer, Sri Venugopala Swamy Temple, Valluru Village, Kapileswarapuram Mandal, E.G. District.

...Respondents

$\overline{\mathcal{L}^{\mathcal{M}}}$

$\sim 2$

Petition filed under Section 482 of Cr.P.C, praying that in the circumstances stated in the memo of grounds filed in support of the Criminal Petition, the High Court may be pleased to quash the FIR In Crime No 31 of 2022 dated, 21.1.2022 of Angara P.S., East Godavari District for the offences U/s 406, 427 IPC and Section 3 of PDPP Act.

IA NO: 1 OF 2022

Petition filed under Section 482 of Cr.P.C praying that in the circumstances stated in the memo of grounds filed in support of the Criminal petition, the High Court may be pleased to stay all further proceedings including arrest of the petitioners in Crime No.31 of 2022, dated 21.01.2022 of Angara P.S., East Godavari District for the offences U/s.406, 427 IPC and Section 3 of PDPP Act against the petitioners, Pending disposal of CRLP 856 of 2022, on the file of the High Court.

The petition coming on for hearing, upon perusing the Criminal Petition and the memo of grounds filed in support thereof and upon hearing the arguments of Sri D.V. SASIDHAR, Advocate for the Petitioners, and of Public Prosecutor for the Respondent No.1, the Court made the following.

ORDER:

"The petitioners are Accused 1 to 3. Based on the complaint given by the Executive Officer dt. 19.1.2022, the respondents have registered a Crime under Section 406, 427 IPC, Section 3 of the Prevention of Damage to Public Property Act. 1984.

2. The substance of the complaint is that the petitioners were the Archakas. They got some paddy fields for the work of their food but instead of doing agriculture they got damaged the above said lands and dugged the fish tanks without taking permission from the concerned authorities and damaged the public property.

3. The learned counsel for the petitioners submits that the said complaint is contrary to the Record. In fact, the petitioners have made a complain to the concerned authorities as recommended by the Deputy Commissioner, Endowments, Kakinada. The Commissioner, Endowments in his letter dt. 28.11.2021 has requested the District Collector who is the Chairman of the District Level Committee to consider the applications for conversion of Agriculture lands into Fish tanks and the said proceedings are pending before the authorities. Pending said proceedings, the Commissioner, Endowments in his proceedings dated 09.01.2022 has passed some orders directing the Executive Officer to take over the scheduled lands after giving notice to Archakas and also directed to file Criminal case against the persons who dug the Fish Tank. The said proceedings were challenged before this High Court in Writ Petition No.2383/2022. Wherein this High Court has disposed of the said Writ Petition on 01.02.2022 with the following order:-

"In these circumstances, it would be appropriate to dispose of this Writ Petition with a direction to the respondents to keep the impugned order dated 09.01.2022 in Rc.No.L2/COE-18046(32)/53/2021 in abeyance till a proper enquiry is conducted after due opportunity and notice being given to the petitioners to set-forth their case."

The said orders of the Commissioner are interdicted by the High Court and kept in abeyance in Writ Petition No.2383/2022. Therefore, the present complaint is baseless. Hence, the respondents are not entitled to proceed with the investigation.

Learned Public Prosecutor appearing on behalf of the State, on instructions, submitted that the petitioners have converted and damaged the lands of the temple. Accordingly, based on the complaint given by the villagers in the temple, the authorities have conducted the enquiry and submitted report to the Commissioner, Endowments. By virtue of the directions of the Commissioner, Endowments Department, the Executive Officer has lodged complaint and investigation is going on.

Considering submissions of the learned counsel for the petitioners and perusal of the record and in view of the orders passed by this High Court in Writ Petition No.2383/2022 dated 01.02.2022 there shall be stay of all further

proceedings in Crime No.31 of 2022 on the file of Angara Police Station, East $\boldsymbol{\varLambda}$ Godavari District."

//TRUE COPY//

SD/- K.TATA RAØ DEPUTY REGISTRAR SECTION OFFICER For $\iota$

To,

• 1. The Station House Officer, Angara Police Station, East Godavari District.
• 2. The Executive Officer, Sri Venugopala Swamy Temple, Valluru Village, Kapileswarapuram Mandal, E.G. District. (by RPAD)
• 3. One CC to Sri. D.V.SASIDHAR, Advocate [OPUC]
• 4. Two CCs to PUBLIC PROSECUTOR, High Court of Andhra Pradesh [OUT]
• 5. One spare copy

$\textsf{V}\textsf{D}$

HIGH COURT

$\mathsf{DRJ}$

DATED:17/02/2022

$\hat{\mathcal{A}}_i$

ORDER

CRLP.No.856 of 2022

DIRECTION

23 FEB 2022