HON’BLE SRI JUSTICE G. KRISHNA MOHAN REDDY CRIMINAL PETITION No.685 OF 2008 DATE: 05-08-2011 BETWEEN: Pothina Apparao and two others. - - - Petitioners/ A-6, A-7 & A-8. AND The State of A.P., Rep. by Public Prosecutor, High Court of A.P., Hyderabad, And another. - - - Respondents/ Complainant. This Court made the following : HON’BLE SRI JUSTICE G. KRISHNA MOHAN REDDY CRIMINAL PETITION No.685 OF 2008 ORDER: This Criminal Petition is filed by the Petitioners/A-6 to A-8 under Section 482 of Cr.P.C. seeking to quash the proceedings in C.C. No.141 of 2005, pending on the file of IX Metropolitan Magistrate, Bheemunipatnam, Visakhapatnam District. 2. Whereas the Petitioners are A-6 to A-8, the Respondent No. 2 herein is the De-facto Complainant in the Calender Case. 3. For the sake of convenience, I refer the parties as arrayed in the Calender Case. 4. Heard the learned counsel for the Accused and the learned Additional Public Prosecutor appearing for the Respondents-State and perused the records. 5. The prosecution version is that the accused along with some others in this case trespassed into the site of the de-facto complainant armed with deadly weapons on 03-05-2004 claiming rights over the said land and threatened the de-facto complainant with dire consequences if he failed to vacate the site and attempted to beat the labour present at the site and also the de-facto complainant. 6. It is the contention of learned counsel for the accused that there are no specific allegations against them in the corresponding charge sheet and the Petition filed by A-10 herein in Criminal Petition No.6110 of 2007 on the file of this Court was allowed discharging him from the Calender Case No. 154 of 2005 and therefore under similar circumstances, A-6 to A-8 are also entitled to be discharged from the proceedings. 7. As per the prosecution record, all the accused in the case trespassed into the land of the de-facto complainant namely Seelam Narasinga Rao and intimidated him and when he questioned about their attitude, they promulgated that they would kill him subject to vacating from the property. Thus, there are specific allegations against all the accused of trespassing into the land and involving in the alleged acts. So, unless necessary evidence is recorded, the real complicity of the accused cannot be decided. Simply because A-10 in this case was discharged from the Calender Case No.154 of 2005 under similar circumstances, the other accused does not deserve to be discharged automatically from the proceedings. For the foregoing reasons, there are no merits in the Petition and accordingly the Criminal Petition dismissed. However, it is observed that the presence of the Accused Nos.6 to 8 before the trial Court is dispensed with till the commencement of trial. __________________________ G. KRISHNA MOHAN REDDY, J Dated: 05-08-2011. Dsh. THE HON’BLE SRI JUSTICE G. KRISHNA MOHAN REDDY 233 CRIMINAL PETITION No.685 OF 2008 August, 05, 2011 DSH