THE HON’BLE SRI JUSTICE N. RAVI SHANKAR CRIMINAL PETITION No.5659 of 2011 ORDER: The two petitioners herein are A-1 and A-2 in C.C.No.84 of 2011 on the file of the Court of the Additional Junior Civil Judge- cum-Judicial First Class Magistrate, Chirala. They filed this petition to quash the proceedings in the said case. 2. The offences alleged are those punishable under Sections 427 and 506 r/w.34 of the Indian Penal Code. The allegation is that though the land belongs to these two petitioners the defacto complainant is in occupation of the same by raising some temporary structures and these two petitioners got that structure demolished by using proclainer and in that transaction the offence falling under Section 506 of the I.P.C. took place. 3. Learned counsel for the petitioners raised several pleas such as alibi for the second petitioner, and also improbabilities in the case itself. It may be noted that all these pleas would fall within the purview of disputed questions of fact and cannot be decided in this petition. Accordingly, the relief for quashing the case is rejected. 4. It is brought to my notice that the first petitioner is a person aged about 67 years and that he is not in a position to attend trial Court regularly on every date of hearing. In view of this, the presence of the first petitioner is dispensed with on every date of hearing and he can be represented by his lawyer. The trial Court shall however have the power to summon the first petitioner to be present whenever his presence is considered necessary. 5. This petition is accordingly disposed of. _______________________ N. RAVI SHANKAR, J July 14, 2011 Pn THE HON’BLE SRI JUSTICE N. RAVI SHANKAR CRIMINAL PETITION No.5659 of 2011 July 14, 2011 Pn