THE HON’BLE SRI JUSTICE SAMUDRALA GOVINDARAJULU CRIMINAL PETITION No.5107 of 2010 ORDER: The petitioners 1 to 6/A1 to A6 are accused of offences punishable under Sections 447, 427, 506 I.P.C. Private complaint filed by the 2nd respondent before the Magistrate was referred to the Police for investigation under Section 156(3) Cr.P.C. The 2nd respondent resorted to filing complaint before the Magistrate on the ground that the Police refused to receive report and register the same, as the dispute is one of civil nature. When A1 also gave report to the Police on the incident, the Police refused to receive the same and register a case. Therefore, A1 approached the Superintendent of Police for redressal and it is stated that the representation given by A1 to the Superintendent of Police was endorsed to the Sub-Divisional Police Officer for enquiry. 2. The dispute between the parties in this case is relating to Ac.21.22 guntas of land in S.Nos.271 and 272 of Aloor- II Village of Chevella Mandal of Ranga Reddy District. The 2nd respondent claims to be purchaser of the said land under registered sale deed dated 30.08.2004, which was implemented by the Mandal Revenue Officer by mutation proceedings and issuance of pattadar pass book and title deed to the 2nd respondent for the land. Pahani entries are also infavour of the 2nd respondent. While so, the 2nd respondent filed Suit O.S.No.178 of 2005 against A1 to A3 for permanent injunction and also sought for interim injunction. The Civil Court granted ad- interim injunction and made the same absolute in favour of the 2nd respondent. At that stage, the Suit was dismissed for default on 24.07.2009. Thereafter, it is alleged that A1 to A6 went to the land, abused the 2nd respondent in filthy language and broke fencing stones and barbed wire causing loss to the extent of Rs.75,000/- and that A1 to A6 also warned the 2nd respondent to see his end if he comes to the land. The allegations in the complaint filed by the 2nd respondent do disclose the offences for which the case was registered by the Police. Truth or otherwise of the said allegations is a question of fact which this Court cannot entertain and decide in this petition filed under Section 482 Cr.P.C. Though basic dispute between the parties is a civil dispute regarding the land, the overt acts alleged against A1 to A6 transpired the said civil dispute into one which has got criminal propensities. I do not find any valid or legal reasons to stall investigation at its threshold. 3. Hence, the Criminal Petition is dismissed. __________________________________ JUSTICE SAMUDRALA GOVINDARAJULU Dt:04.11.2011 ysk THE HON’BLE SRI JUSTICE SAMUDRALA GOVINDARAJULU CRIMINAL PETITION No.5107 of 2010 Dt:04.11.2011 ysk