THE HON’BLE SRI JUSTICE G.V.SEETHAPATHY CRIMINAL PETITION No.11950 OF 2010 DATED:01-12-2010 ORDER: This petition is filed under Section 482 of Cr.P.C. for quashing of further investigation in F.I.R.No.128 of 2010 of Indukurpet police station, Nellore. 2. Heard both sides. Perused the records. 3. 2nd respondent herein filed a private complaint before the learned IV Additional Judicial Magistrate of First Class, Nellore against the petitioners-A1 to A3 alleging offences under Sections 447, 448 and 506 r/w 34 IPC and Sections 3 (1) (x) and 3 (1) (xi) of the Scheduled Caste & Scheduled Tribes (Prevention of Atrocities) Act, 1989 and the same was referred by the learned Magistrate to the police under Section 156(3) Cr.P.C. for investigation and report. Thereupon, the police registered F.I.R.No.128 of 2010 for the above offences. According to the 2nd respondent- de facto complainant, he purchased an extent of 40 ankanams in Sy.No.140/2 A & 140/2 B of Kothuru village from A1 for a consideration of Rs.1,08,000/- and the 2nd respondent-de facto complainant paid the said amount of sale consideration and obtained agreement of sale and subsequently, A1 with evil intention filed O.S.No.808 of 2010 for permanent injunction against the 2nd respondent-de facto complainant and obtained ex parte injunction in I.A.No.1083 of 2010 and the 2nd respondent-de facto complainant filed a counter and after hearing, the Court below vacated the interim injunction and directed both parties to maintain status quo. 2nd respondent-de facto complainant alleges that on 04-10-2010 at about 10.30 a.m. under the guise of ex parte interim injunction order, A1, his wife-A2 and A3-mother-in-law attempted to trespass into the property and forcibly evicted the 2nd respondent-de facto complainant. When the 2nd respondent-de facto complainant and his family members resisted the attempt, accused abused the 2nd respondent-de facto complainant in the name of his caste and used criminal force and threw away the articles of the 2nd respondent- de facto complainant on the said property and the incident was witnessed by several persons, whose names are mentioned in the First Information Report. 4. Having regard to the fact that specific allegations have been made against the petitioners-accused in the complaint, prima facie, attracting the ingredients of the offences alleged, it is considered not a fit case to invoke the inherent powers of this Court under Section 482 Cr.P.C. and quash further proceedings in Cr.No.128 of 2010 of Indukurpet police station, Nellore. The truth or otherwise of the allegations made in the complaint can come out only after due investigation into the complaint. The inherent powers of the Court under Section 482 Cr.P.C. are to be exercised with care and caution and they may not be invoked to thwart the further investigation at the threshold stage, especially in a case where specific allegations have been made against the petitioner, prima facie, attracting the ingredients of the offence alleged that require due investigation. There are no valid or justifiable grounds to quash the further proceedings in Cr.No.128 of 2010 of Inukurpet police station, Nellore. Investigation shall go on. However, petitioners may not be arrested till the conclusion of the investigation and filing of charge sheet, if any. 5. Criminal Petition is dismissed with the above observation. _______________________ G.V.SEETHAPATHY, J 01st December, 2010 Tsy