THE HON’BLE SRI JUSTICE P.SWAROOP REDDY CRIMINAL PETITION No.6771 OF 2009 Dated : 18.11.2009 Between : Banala Srinivas & others ….. Petitioners/R.1 to R.7 a n d The State of A.P. & another ….. Respondents THE HON’BLE SRI JUSTICE P.SWAROOP REDDY CRIMINAL PETITION No.6771 OF 2009 ORDER : This criminal petition under Section 482 Cr.P.C. is filed by the petitioners/R.1 to R.7 seeking to quash the proceedings in S.T.C.No.1204 of 2008 on the file of the VIII Metropolitan Magistrate, Cyberabad at Rajendranagar, for the offence punishable under Section 506 I.P.C. 2) The offence alleged against the petitioners is that they along with some anti social elements made phone calls to the de facto complainant/second respondent threatening to transfer certain property in favour of the first petitioner or else to kill. 3) Heard. 4) Learned counsel for the petitioners contend that the second respondent is none other than the brother of the first petitioner/R.1 and due to family disputes the present complaint has been foisted. 5) Admittedly the dispute is between brothers and their sons. But, the genuineness of the complaint has to be determined by the trial Court during trial. Hence, the proceedings against the petitioners cannot be quashed. 6) However, the offence alleged against the petitioners is punishable under Section 506 IPC and there is a doubt about the compliance of Section 155 Cr.P.C. Further, the petitioners are residents of Nizamabad. Hence, considering all these circumstances, it is directed that the petitioners need not to appear before the trial Court during trial and their attendance before the trial Court shall be dispensed with on filing an appropriate application. However, the petitioners shall appear before the trial Court at the time of framing of charges, examination under Section 313 Cr.P.C. and pronouncement of judgment. 7) Accordingly, the criminal petition is disposed of. ______________________ P.SWAROOP REDDY, J 18th November, 2009 SUR