HON’BLE SRI JUSTICE G. KRISHNA MOHAN REDDY CRIMINAL PETITION No.7217 OF 2008 DATED.21-10-2011 ORDER: This Criminal Petition is filed by the Petitioners/Accused Nos.1 to 16, 18, 35 and 36 (For short, ‘The Accused’) under Section 482 of Cr.P.C. seeking to quash proceedings in Calender Case No.705 of 2008, pending on the file of the Court of Judicial Magistrate of First Class, Nidadavolu, West Godavari District, registered for offences punishable under Sections 447, 352, 427, 379 and 506 (2) read with Section 149 I.P.C. 2. Whereas the Petitioners are A-1 to A-16, A-18, A-35 and A-36, the Respondent No.2 is the complainant in the Calender Case. For the sake of convenience, I refer the parties as arrayed in the Calender Case. 3. The case of the Complainant in brief is as follows : The Complainant is the absolute owner of the land in question situated in Jeedigunta village by the side of Vasista Godavari Branch. He has been in peaceful possession and enjoyment of the same from the date of its purchase. Prior to this he filed O.S. No.753 of 2008 on the file of the Court of Judicial Magistrate of First Class, Nidadavolu, West Godavari District against A-1 to A-5 herein also obtained interim injunction in his favour therein on 08-08-2008. While so, some of the Accused in the case used to threaten in the village that they would trespass into the land and spoil the crops therein and foist false criminal cases against the Complainant and his henchmen particularly, with regards to offences punishable under Section 3 of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities), Act, 1989 (In short, ‘the Act’). In furtherance of their high handed and illegal acts and knowing very well about the Complainant’s peaceful possession and enjoyment of the land in question by obtaining interim injunction in his favour, A-1 to A-34 at the active instigation and strong support of A-35 to A-37 trespassed into the land armed with knives and axes etc. and spoiled the sugar crane crop standing in an extent of about Ac.0-35 cents and also cut nearly 150 banana trees in number and committed theft of banana fruit bunches, one mango tree, two teak tress, one panasa tree, two lemon trees and two drumstick trees there from. 4. It is the main contention of learned counsel for the Accused that a case in Crime No.136 of 2008 on the file of Samisragudem P.S. Nidadavolu Circle, West Godavari District was registered against the Complainant and others for offences punishable under Sections 341, 506 read with 34 IPC and Section 3 (1) (x) of the Act and only as a counterblast this case was foisted against them and hence the proceedings are liable to be quashed. It is also represented by him that in case the Criminal Petition is going to be dismissed their presence may be dispensed with till the commencement of trial in the case 5. On the other hand, it is the contention of learned counsel for the Complainant that prima-facie there is material to prosecute the Accused for the alleged offences and unless necessary trial is conducted it cannot be said that they are innocents of the charges. 6. The point for consideration is whether sufficient grounds are there in order to quash the proceedings as prayed for? 7. I have gone through the record. Admittedly, there are clear allegations against the accused with reference to the alleged offences. Simply because a crime was registered against the Complainant and his henchmen, it is not sufficient to come to a conclusion that the case in question is a false one. Unless necessary trial of the case is conducted, the merits of it cannot be decided. Therefore, I do not find any grounds to allow the Criminal Petition. Accordingly, with these observations, the Criminal Petition is dismissed. However, in view of the facts and circumstances of the case, the personal appearance of A-1 to A-16, A-18, A-35 and A-36 up to the commencement of trial in C.C. No.705 of 2008 before the lower Court is dispensed with. __________________________ G. KRISHNA MOHAN REDDY, J Dated:21-10-2011. Dsh. THE HON’BLE SRI JUSTICE G. KRISHNA MOHAN REDDY 233 CRIMINAL PETITION No.7217 OF 2008 October, 21, 2011 DSH