THE HON’BLE SRI JUSTICE R.SUBHASH REDDY CRIMINAL PETITION No.2102 of 2010 ORDER: This Criminal Petition is filed under Section 482 Cr.P.C. seeking to quash the proceedings in Crime No.24 of 2010 on the file of Kodur Police Station, Kadapa District. It appears, the second respondent is the de facto complainant. He is working as Attender in the Court of Judicial First Class Magistrate, Railway Kodur, Kadapa District. He filed a private complaint before the learned Magistrate, alleging that on 18.02.2010, at about 8.00 p.m., when he was on duty, the petitioners, who are husband and wife respectively, and owner of the eastern side house of the residence of the Magistrate, brought the workers and laid a speed breaker without obtaining permission, by obstructing the movement of the public. It is also alleged that they occupied the road by parking the car, causing obstruction and inconvenience to the public. There upon, the matter was referred to the police for investigation and the police registered the same as a case in Crime No.24 of 2010 for the offences under Sections 283, 341 and 109 IPC. In this Criminal Petition, it is the case of the petitioners that the first petitioner is the Mandal Engineering Officer of Chitvel Mandal and at that point of time, he was in the Office of DEE, PRI Sub-Division, Railway Kodur and the second petitioner is the housewife and she has nothing to do with the offence. It is their case that they are not owners of the house and they are tenants and they do not even have a car on their own. It is submitted that due to animosity with the house owner, it appears, a false case is filed against them. I have perused the contents of the complaint. If any such speed breaker is constructed by a third party, it is open to the second respondent to lodge a complaint before appropriate authority but a reading of the complaint as it is does not make out any case against the petitioners for the alleged offences under Sections 283, 341 and 109 IPC. It appears, the second respondent has filed private complaint before the learned Magistrate with whom he is attached. Thereupon, the learned Magistrate referred the matter to the police for investigation. When it is the case of the petitioners that neither they are owners of the house nor they own a car, as alleged, it is absolutely abuse of process to proceed with such crime registered against them. Taking note of the contents of the complaint, as they do not make out any offence, this Court is of the view that proceeding on such complaint is nothing short of abuse of process of law. In that view of the matter, the proceedings in Crime No.24 of 2010 on the file of Kodur Police Station, Kadapa District, are hereby quashed so far as the petitioners are concerned, and the Criminal Petition is allowed. No order as to costs. ______________________ R.SUBHASH REDDY, J 2nd NOVEMBER, 2011. kvni