U.DURGA PRASAD RAO - (1.) Aggrieved by the order dated 14.11.2014 in RC.No.422/2014/DT passed by the Mandal Executive Magistrate, Chebrolu, Guntur District under Section 145 Cr.P.C. restraining both the parties from entering into disputed lands until is further orders to keep peace in the area, both A and B groups have filed the instant petitions under Section 482 Cr.P.C. to quash the aforesaid order.
(2.) a) Parties in A and B groups are close relations i.e. brothers and other relations and there exist civil disputes between them pending in different courts. For instance, O.S.No.626 of 2013 is a perpetual injunction suit pending on the file of II Additional Junior Civil Judge, Guntur; O.S.No.671 of 2013 is also a perpetual injunction suit pending on the file of Principal Junior Civil Judge, Guntur; O.S.No.627 of 2013 is a perpetual injunction suit pending on the file of III Additional Junior Civil Judge, Guntur. Above all, OS.No.573 of 2014 is a partition suit pending on the file of III Additional District Judge, Guntur. The aforesaid suits are pending between the members of A and B groups and some other persons. b) Be that it may, the impugned order reads that on the report of SHO, Chebrolu PS that members of both groups causing law and order problem in the village and trying to occupy the disputed lands covered by Sy.Nos.333, 335/5, 435/3, 331 and 332/3 and 6 of Pata Reddypalem village, the learned Executive Magistrate passed the impugned preliminary order under Section 145 Cr.P.C. restraining both the parties from entering into the aforesaid disputed lands until further orders. Hence the instant petitions.
(3.) The main plank of argument of both set of petitioners is that when the civil suits are pending between the parties in respect of same property, the Executive Magistrate shall not exercise jurisdiction to pass an order under Section 145 Cr.P.C. Even assuming that he has jurisdiction, still the Executive Magistrate has not followed the procedure contemplated under Section 145 Cr.P.C. inasmuch as he did not issue notice to the respective rival parties calling for their written statements to make an enquiry to decide which party was in possession of the disputed lands within the stipulated time mentioned in Section 145 Cr.P.C. Therefore, they argued, the impugned order is vitiated by procedural irregularity besides lacking jurisdiction.;