THE HON’BLE SRI JUSTICE P.SWAROOP REDDY CRIMINAL PETITION No.4630 OF 2009 Dated : 24.11.2009 Between : Smt.K.Subba Laxmi & another ….. Petitioners/A.12 & A.17 a n d The State of A.P. & another ….. Respondents THE HON’BLE SRI JUSTICE P.SWAROOP REDDY CRIMINAL PETITION No.4630 OF 2009 ORDER : This criminal petition under Section 482 Cr.P.C. is filed by the petitioners/A.12 & A.17 seeking to quash proceedings against them in C.C.No.970 of 2004 on the file of the III Additional Chief Metropolitan Magistrate, City Criminal Courts, Nampally, Hyderabad, registered for the offence punishable under Sections 427, 447, 448, 454, 506, 407, 120B read with Section 34 I.P.C. 2) Heard. 3) The allegation against the petitioners, who are aged about 81 and 71 respectively, is of their physically damaging the property i.e. common area in flats belonging to the builder, which prima facie appears to be impossible and the absence of the second respondent in spite of service of notice of this petition gives a presumption that she has no case. 4) Hence, considering the circumstances of the case, particularly of the fact that the allegation against the petitioners, who are of advanced age, of physically indulging in damaging the property, cannot be accepted, the petition is allowed and the proceedings against the petitioners in C.C.No.970 of 2004 on the file of the III Additional Chief Metropolitan Magistrate, City Criminal Courts, Nampally, Hyderabad, are quashed. ______________________ P.SWAROOP REDDY, J 24th November, 2009 SUR