THE HON’BLE SRI JUSTICE N.R.L. NAGESWARA RAO CRIMINAL PETITION No. 5296 of 2011 ORDER: The petitioners, who are accused Nos.1, 3, 4, 5 and 6 in F.I.R. No.31 of 2011 on the file of China Ganjam Police Station, Prakasam District, filed this petition under Section 482 of the Code of Criminal Procedure (for short “Cr.P.C.”) to quash the said proceedings. A complaint was given by one Amandhi Haribabu against the petitioners and other accused as there are said to be some disputes with regard to the landed property. But, however, the investigation was said to have been continued for some time and a memo was filed by the police to the effect that the offence under Section 307 of Indian Penal Code, 1860 (for short “IPC”) is not made out and the Investigating Officer also filed a memo stating that the name of the lady accused, who were involved, are deleted. Therefore, it is quite clear that the investigation proceeded with fairly and evidence was assessed without any bias. The memo also clearly goes to show that a case against A1 to A5 was made out under Sections 323, 324, 506 read with Section 34 of IPC only. Therefore, in view of the above circumstances, it cannot be said that there is any ground for quashing of the proceedings. The mere fact that a suit was filed earlier and injunction orders were obtained, does not in any way bar the criminal proceedings and on the other hand, it can be taken as a cause for attack or commission of the offence. Therefore, in view of the above circumstances, I find no merits in this application. But, however the petitioners are directed to surrender before the Additional Junior Civil Judge, Chirala and on such surrender they shall be released on bail on executing a personal bond for Rs.5,000/- (Rupees five thousand only) each with one surety for the likesum each to the satisfaction of the Additional Junior Civil Judge, Chirala and they shall be available for interrogation as and when called by the police. Accordingly, the Criminal Petition is disposed of. ________________________ N.R.L. NAGESWARA RAO, J Date: 06-07-2011 MR THE HON’BLE SRI JUSTICE N.R.L. NAGESWARA RAO CRIMINAL PETITION No. 5296 of 2011 DATE: 06-07-2011 MR