IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD THURSDAY, THE SEVENTEENTH DAY OF NOVEMBER TWO THOUSAND AND ELEVEN PRESENT THE HON'BLE SRI JUSTICE B.N.RAO NALLA CRIMINAL PETITION No.8388 of 2008 Between: Merugu Sudhakar and another ..... PETITIONERS/A1 & A2 And Damera Bixapathi and another .....RESPONDENTS The Court made the following: THE HON'BLE SRI JUSTICE B.N.RAO NALLA CRIMINAL PETITION No.8388 of 2008 ORDER: This Criminal Petition is filed under Section 482 Cr.P.C. to quash the proceedings in CC.No.1385 of 2007 on the file of the IV Additional Judicial Magistrate of First Class, Warangal, which Court has taken cognizance against the petitioners/A1 & A2 basing on the charge sheet filed by the Sub-Inspector of Police, P.S.Kazipet, Warangal District in Cr.No.171/2007 for the offences punishable under Secs.448, 427 r/w.Sec.34 of IPC. Heard both sides. The learned counsel for the petitioners/A1 & A2 submits that the petitioners/A1 & A2 and the de facto complainant are inter-related with each other; that civil disputes are pending between them, and both parties filed civil suits in O.S.No.684/2001 and O.S.No.793/2001 on the file of the Principal Junior Civil Judge, Warangal and the same were disposed of by a common judgment; that the 1st respondent/de facto complainant to wreck vengeance against the petitioners/A1 and A2, has filed a false complaint against them by alleging that both the petitioners/accused, after trespassing into his house plot, demolished the compound wall, taking advantage of the observations made by the trial Court in the common judgment passed in the aforementioned original suits, and therefore, the matter is of civil nature. On the other hand, the learned Additional Public Prosecutor submits that the matter is pending trial before the trial Court. In the circumstances, and in view of nature of offence alleged to have committed by the petitioners/A1 & A2, this Court is of the view that it is not a fit case to quash the proceedings against the petitioner/A1 & A2 in the above referred calendar case, by invoking the inherent powers under Sec.482 of Cr.P.C The Criminal Petition is accordingly dismissed. Miscellaneous Petitions filed in this Criminal Petition, if any, shall stand closed. ____________________ B.N.RAO NALLA,J Dated: 17.11.2011 Dsr