THE HONOURABLE SRI JUSTICE SAMUDRALA GOVINDARA CRIMINAL PETITION No.5104 of 2010 ORDER: The petitioner/A1 is accused of offences punishable under Sections 379, 446, 457, 506/34 I.P.C., along with two others. It is a case of alleged highhanded ejection of the tenant from the tenanted premisis, inspite of the Civil Court granting ad-interim injunction from dispossessing the 2nd respondent/de facto complainant from the tenanted premisis. It is alleged that after closure of Mess being run in the premisis at 10:00P.M. on 14.09.2009, A1 to A3 along with their henchmen, broke open locks of the premisis, trespassed into the tenanted premisis and committed theft of articles in the premisis by transshipping them into vehicles bearing Nos.AP7 TW 5616, AP16AL 5343 and AP16BB 4834. 2. It is contended by the petitioner’s counsel that for violation of interim injunction order, the remedy of the 2nd respondent is to file a petition before the Civil Court under Order XXXIX Rule 3(A) C.P.C. and a criminal complaint cannot be maintained. The injunction is only in respect of dispossession of the 2nd respondent from the tenanted premisis. There is no question of any injunction from breaking open locks, criminal trespass and committing theft of movables in the tenanted premisis. Whether there is injunction or no injunction, incase the allegations are true, then criminal complaint is maintainable. Truth or falsity of the allegations cannot be a subject matter of this criminal petition filed under Section 482 Cr.P.C., as it is a question of fact. It is for the Investigating Officer to decide the same after collecting the entire evidence. There are no grounds either on facts or in law to interfere with investigation of this case at its threshold. 3. Hence, the Criminal Petition is dismissed. ______________________________ JUSTICE SAMUDRALA GOVINDARAJULU Dt:03.11.2011 ysk THE HON’BLE SRI JUSTICE SAMUDRALA GOVINDARAJULU CRIMINAL PETITION No.5104 of 2010 Dt:03.11.2011 ysk