THE HON’BLE SRI JUSTICE K.C. BHANU CRIMINAL PETITION No.2696 OF 2009 ORDER: This Criminal Petition, under Section 482 of the Code of Criminal Procedure, 1973, (for short, “Cr.P.C.”) is filed to quash the proceedings against the petitioners/A1 and A2 in C.C.No.98 of 2009 on the file of II Additional Judicial Magistrate of First Class, Nellore District. 2. It is alleged that petitioner No.1/A1 is the youngest son of petitioner No.2/A2, who is an advocate. Respondent No.1/complainant is the correspondent of Everest English Medium School, Nellore. The elder son of A2 is practicing as a doctor. By keeping acquaintance with the family of the complainant/LW.1, A2 requested him to arrange marriage alliance to her elder son. On repeated requests of A2, the complainant arranged marriage alliance to the elder son of A2 and performed the marriage as a marriage elder. At the time of marriage, the in-laws of the elder son of A2 had given Rs.10,00,000/- as dowry and a flat at Hyderabad, worth nearly Rs.1,00,00,000/-, to the elder son of A2. At about six months back, the new couple departed from each other due to their family disputes. At that time, A2 approached the complainant to pacify the dispute. On that, the complainant replied that he is only a marriage elder but not supposed to depart them. In the process, A2 received a legal notice on behalf of her elder son from her daughter-in- law. In the notice, name of the complainant was also mentioned. On seeing this, A1 and A2 approached the complainant several times with an evil intention and threatened him to give evidence in their favour. The complainant denied to say so. While so, on 04.02.2009 at about 17:40 hours, A1 and A2, with their evil intention, illegally trespassed into the chamber of the complainant, manhandled and threatened him with dire consequences. This was witnessed by Andagundala Subrahmanyam, Momidi Ramakrishna, Gettini Mani and Sk.Syed. To escape from the clutches of law, A1 foisted a false report against the complainant, which is the subject matter in Crime No.14 of 2009 of I Town (L & O) Police Station, Nellore, registered for the offences punishable under Sections 290 and 506 I.P.C. and the same is under investigation. Hence, the charge. 3. Learned counsel for the petitioners contended that the petitioners/A1 and A2 never entered into the chambers of respondent No.1/de facto complainant in his school and threatened him; that as a matter of fact, when respondent No.1 abused the petitioners, they filed a report against respondent No.1, which was registered as Crime No.14 of 2009 of I Town Police Station, Nellore, for the offences punishable under Sections 290 and 506 of the Indian Penal Code, 1860; that therefore, continuation of proceedings against the petitioners is nothing but abuse of process of Court and hence, he prays to quash the proceedings. 4. Learned counsel for respondent No.1 contended that the allegations in charge sheet made out a prima facie case for the offences alleged; that there are no grounds to quash the proceedings and hence, he prays to dismiss the Criminal Petition. 5. Inherent powers under Section 482 Cr.P.C. can be invoked to prevent abuse of process of Court or to secure ends of justice to give effect to the order passed under the Code. If the allegations in the charge sheet do not make out a prima facie case of the offence alleged, then only question of quashing the charge sheet arises. 6. At this stage, it is not desirable to test the correctness or otherwise of the allegations. The allegations are that both the petitioners/A1 and A2 trespassed into the chamber of respondent No.1/de facto complainant and threatened him to give evidence in their favour. Therefore, prima facie case of trespass is made out against the petitioners. Whether respondent No.1 abused the petitioners in vulgur language and that police registered a case against him is correct or not, is a matter of investigation. Therefore, when the prima facie case is made out against the petitioners/A1 and A2, the question of quashing the charge sheet does not arise. 7. Accordingly, the Criminal Petition is dismissed. _______________ K.C. BHANU, J August 26, 2010 MD IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD THURSDAY, THE TWENTY SIXTH DAY OF AUGUST TWO THOUSAND AND TEN PRESENT THE HON'BLE SRI JUSTICE K.C. BHANU CRIMINAL PETITION No.2696 OF 2009 Between: Jaana Vijaya Balaji and another .....PETITIONERS AND Katagiri Rama Rao and another ....RESPONDENTS The Court made the following: THE HON’BLE SRI JUSTICE K.C. BHANU CRIMINAL PETITION No.2696 OF 2009 August 26, 2010