This order dismisses a criminal petition filed by an accused charged under IPC and A.P. Land Grabbing Act sections. The court holds that while the offences relate to land grabbing, the specific activities alleged in the current crime differ from previous cases, and the authorities are not dispossessing the petitioner.
The Criminal Petition is dismissed.
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HON’BLE SRI JUSTICE SAMUDRALA GOVINDARAJULU
Crl.P.No.7067 of 2012
O R D E R:
The petitioner is accused of offences punishable under Sections 447, 427 IPC and Sections 3, 4 and 5 of the A.P.Land Grabbing (Prohibition) Act, 1982. Previous case in C.C.No.7 of 2012 filed in Cr.No.582 of 2011 of Alwal Police Station for offences punishable under Sections 447, 427 IPC and Sections 3, 4 and 5 of the A.P.Land Grabbing (Prohibition) Act, 1982 relate to the grabbing of Government lands in S.Nos.210, 211, 213 and 214 of Jawahar Nagar village. The present crime in Cr.No.292 of 2012, though under the same penal sections of law, but in respect of construction activity of two rooms in S.No.210. Though penal sections of law are one and the same, the activity alleged in each crime is different. Order passed by this Court in W.P.M.P.No.8016 of 2012 in W.P.No.6312 of 2012 on 07.03.2012 has no bearing in registration and investigation of this crime. By virtue of registration of this crime, the authorities are not trying to dispossess the petitioner.
Hence, the Criminal Petition is dismissed.
_____________________________ SAMUDRALA GOVINDARAJULU,J
Dt.1st October, 2012 PNV
2 issues framed by the court
whether the registration of a new crime necessitates disposal of previous petitions regarding the same penal sections
whether the petitioner is seeking dispossessment orders under the facts of the current case
2 provisions across 2 enactments
The Petitioner
SAMUDRALA GOVINDARAJULU
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
