Simultaneous Initiation Of Criminal Case U/S 145 CrPC & Civil Proceedings Over Land Dispute 'Abuse Of Process': Andhra Pradesh High Court

The Andhra Pradesh High Court recently held that multiplicity of litigation was not in the interest of parties. If civil dispute over title of land is already instituted, then parallel criminal proceedings under Section 145 of Code of Criminal Procedure is meaningless.

Section 145 provides that the Executive Magistrate, if satisfied from a report from police officer can pass an order, where dispute is concerned about land or water and is likely to cause breach of peace.

"Simultaneously initiation of criminal proceedings under Section 145 Cr.P.C. along with the civil proceedings is nothing but abuse of process of the Court," Justice K. Sreenivasa Reddy observed.

Brief Facts of the case

The Criminal petition was filed under Section 482 of the Code of Criminal Procedure to quash the order passed under Section 145 of Code of Criminal Procedure in respect of the lands in Tirupati Rural Mandal.

The impugned order dated 05.06.2015 revealed that the President, Taxi drivers Association, Tirupati had represented that about 100 taxi drivers had constructed houses in the Village about 30 years ago and all the houses were given electricity service connection, voter identity cards, ration cards, Aadhar cards. On 28.04.2015, about 100 unruly elements tried to demolish the houses which was objected and thereby the taxi drivers were assaulted and they sustained bleeding injuries.

The said President of Taxi Drivers' Association requested the Superintendent of Police to save them and thereafter, the District Collector, Chitoor directed the Revenue Divisional Officer, Tirupathi to promulgate orders under Section 145 of CrPC prohibiting the entry and occupation of the lands by both parties and their men. The order was issued on the ground that there would be breach of peace in the locality in view of the dispute over the land about title/ownership/possession.

Observation of the Court

The court observed that in respect of the said land, a civil Suit was filed which was dismissed against which an appeal was filed in 2004 which was also dismissed. At this juncture, the question of initiation of proceedings under Section 145 CrPC would not arise. The disputes had to be resolved by the competent civil Court and simultaneous initiation of criminal proceedings along with civil proceedings was nothing but abuse of process of Court.

Multiplicity of litigation was not in the interest of parties and by virtue of the same even public money would be wasted leading to meaningless litigation. Parallel proceedings for one and the same dispute ought not to be continued.

In view of the same, the Criminal petition was allowed and proceedings under Section 145 were quashed.

Case Title : G.RAMESH BABU, CHITTOOR DT., Versus THE STATE OF AP., REP PP AND 3 ORS

Citation: 2022 LiveLaw (AP) 72

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