THE HONOURABLE SRI JUSTICE P. SWAROOP REDDY CRIMINAL PETITION No.2134 OF 2009 ORDER: This Criminal petition under Section 482 Cr.P.C. is filed by the petitioners – accused 1 to 5 seeking to quash the proceedings in C.C.No.324 of 2008 on the file of the Judicial Magistrate of First Class, Kalwakurthy, Mahaboobnagar District, arising out of Crime No.77 of 2007 of Amangal Police Station, Mahaboobnagar District. 2. Heard. 3. The allegation is that the petitioners have trespassed into the land belonging to the complainant and caused damage to the fencing stones etc. The contention of the learned counsel for the petitioners is that a false case is foisted against the petitioners on account of civil disputes between the de facto complainant and her husband’s brothers etc. It may be true that a false complaint is filed, but the material on record reveals that there is prima facie case against the petitioners and the questions of fact whether the complaint is true or not etc. can be revealed only during the course of trial. We cannot be, at this stage to go into the questions of fact to quash the proceedings. It is not a case where there is absolutely no material against the petitioners to quash the proceedings straight away. 4. In the circumstances, the Criminal Petition is dismissed. However, in view of the fact that the fourth petitioner is old lady aged more than 70 years, and in all probability, she might not have physically participated in such kind of offence alleged, it is directed that her presence during trial shall be dispensed with on an appropriate petition being filed on her behalf for the same. She has to appear at the time of framing of charges, examination under Section 313 Cr.P.C. and Judgment. ___________________ P. SWAROOP REDDY, J. Date: 09.12.2009. Rns