IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD THURSDAY, THE FIFTEENTH DAY OF JULY TWO THOUSAND AND TEN PRESENT THE HON'BLE SRI JUSTICE K.C. BHANU CRIMINAL PETITION No.2611 OF 2008 Between: Balluru Anantha Reddy and another ..... PETITIONERS AND The State of Andhra Pradesh, represented by Public Prosecutor and another ....RESPONDENTS The Court made the following: THE HON’BLE SRI JUSTICE K.C. BHANU CRIMINAL PETITION No.2611 OF 2008 ORDER: This Criminal Petition, under Section 482 of the Code of Criminal Procedure, 1973, (for short, “Cr.P.C.”) is filed to call for the records relating to C.C.No.316 of 2007 on the file of the Additional Judicial Magistrate of First Class, Bhongir, and quash the same. 2. The petitioners herein are A1 and A2, and respondent No.2 herein is the complainant. The allegations in the charge sheet would go to show that the accused A1 is the elder brother of respondent No.2 and A2 is the son of A1, both R/o. Mallikarjuna Nagar, Uppal, Hyderabad. Respondent No.2 and A1 have agriculture lands bearing Survey Nos.33,34 and 35, admeasuring Ac.31-00, situated at Ghouse Nagar Village of Bhongir Mandal. The said property is their ancestral property and shared equally about ten years ago. Further, both respondent No.2 and A1 have given the total land to LW.2 – Mohd. Yousuf on lease for three years. About three months back, A1, with an intention to sell his share, asked respondent No.2 to get fix the land boundaries. But respondent No.2 had not gone to the said land since he is keeping land dispute regarding his mother’s share. About one and half month prior to complaint, A1 and A2 cut the existing Neem and Custard Apple trees found in their share of land and also complainant’s land in Survey No.33 and caused loss to an amount of Rs.2,500/- to respondent No.2. Further, on 09.04.2007 both the accused have trespassed criminally into the land in Survey No.33 with an intention to grab the land of complainant, erected the stone pillars around A1’s share of land and also some land of complainant. Thus, A1 and A2 have committed an offence under Sections 447 and 427 I.P.C. 3. If the allegations in the complaint would not disclose a prima facie case for the offences under Sections 447 and 427 I.P.C., then only the question of quashing the complaint arises. Under Section 447 I.P.C., who ever commits criminal trespass into the land of another is an offence. Whereas, Section 427 I.P.C. relates to causing mischief to the property of another. 4. Respondent No.2/complainant was in the possession and enjoyment of Ac.15-28 guntas of land in Survey Nos.33, 34 and 35 of Ghouse Nagar Village, Bhongir Mandal. The allegation is that A1, brother of the complainant, and A2, son of A1, trespassed into the land of the complainant and cut the Neem and Custard Apple tress not only in their land, but also in the land of the complainant. Therefore, whether the accused trespassed into the land of complainant and cut the Neem and Custard Apple trees or not is a question of fact to be decided by the trial Court in accordance with law, after adducing evidence by the prosecution witnesses. Therefore, prima facie it would go to show that both the accused trespassed into the land of the complainant and caused mischief. Hence, there are no grounds to quash the proceedings. 5. Accordingly, the Criminal Petition is dismissed. _______________ K.C. BHANU, J July 15, 2010 MD THE HON'BLE SRI JUSTICE K.C. BHANU CRIMINAL PETITION No.2611 OF 2008 July 15, 2010