THE HONOURABLE SRI JUSTICE RAJA ELANGO CRIMINAL PETITION No.8328 of 2011 ORDER: This criminal petition is filed by the petitioner by invoking the provisions under Section 482 Cr.P.C. seeking to quash the proceedings against him in C.C.No.188 of 2009 on the file of the III Additional Chief Metropolitan Magistrate, Hyderabad, wherein he is arrayed as an accused for the offence punishable under Sections 448, 427 and 506 IPC. 2. Heard both sides. 3. The case of the complainant is that he has taken the premises bearing No.08.07.224/B/6, admeasuring 600 sq.feets situated at Yousufguda and one 200 sq.feet store room including toilet on lease from the petitioner herein and running a shop under the name and style of Abhiruchi Swagruha Foods. At the time of lease agreement, the petitioner orally informed the complainant that he will not be vacated from the premises. Believing his words, the complainant spent large amounts for decoration of shop. Suddenly, in the month of November 2006 the petitioner informed the complainant to vacate the premises without giving any notice and threatened him with dire consequences. Having no other go, the complainant approached the court and obtained injunction order. Knowing the same, the petitioner and his men tried to evict the complainant from the premises with the help of anti social elements. Hence, the present complaint. 4. Whereas, the main contention raised by the learned counsel for the petitioner is that the petitioner is the owner of the property and the complainant being a tenant of him filed a suit against the petitioner and also obtained an order of injunction. He further submits that the petitioner has not committed any offence as alleged. 5. This Court is of the view that these are all the matters to be decided by the trial Court at the time of trial only and the learned counsel for the petitioner is at liberty to raise all the points before the trial Court and this Court is not inclined to stay the proceedings at this stage. 6. In any event, in view of the nature of the offence, where the question of identity of the accused does not arise, the presence of the petitioner before the trial Court is dispensed with except the dates on which the learned Magistrate insists for his appearance and he shall be properly represented through his counsel. 7. With the above observation, the Criminal Petition is disposed of. The miscellaneous petitions, if any, filed along with the criminal petition shall stand closed. ______________________ JUSITCE RAJA ELANGO 13th September 2011, Rns.