THE HONOURABLE SRI JUSTICE RAJA ELANGO CRIMINAL PETITION No.5423 of 2010 ORDER: Petitioner approaches this Court with a prayer to quash the proceedings against him in C.C.No.927 of 2008 on the file of the VI Additional Chief Metropolitan Magistrate, Nampally, Hyderabad, whereby he is facing charge for the offence punishable under Sections 341, 420, 427 and 448 IPC. 2. Heard the learned counsel for the petitioner. Respondent’s counsel absent. 3. On perusal of the record, this Court is of the view that the present case can be disposed of by reproducing the part of the complaint lodged by the complainant, which runs as follows: “Recently, I was informed by one member of the cooperative society that he observed certain people visiting my site with a view to purchase it. I was surprised and on further enquiries, came to know that one Prithvi Raj from the locality has been trying to sell our house site claiming it to be his own. I immediately rushed to the site, ensured that the site is under my lock and key and got messages painted on the two sides of compound wall that the site belongs to A.Kavitha with contact number 9849008802 and that trespassers would be prosecuted. Yesterday I received a phone call from a member of the society that the message we have written on the front side has been white washed by some one. Today I visited the site and found it to be true. Not only that, the culprits have removed my lock and put a new lock of their own, thus clearly committing an offence of trespass. I suspect that same Prithvi Raj would have done it. Soon after writing the message on the wall, we received several phone calls from various people saying that one Prithvi Raj has been trying to sell the plot to each of them separately claiming ownership over the same. The callers included one Raj Kumar with phone No.9951436064, one Yadagiri with phone No.9908358219 and one Prabhakar Reddy with phone number 9959960406. This Mr.Prabhakar Reddy claimed that he already paid Rs.10,00,000/- to Prithvi Raj for the plot as an advance payment. This clearly indicates that this Prithvi Raj, in an effort to grab my house site has been trespassing into my house site and trying to sell it away to others. He, knowing fully well that the house site belongs to me and that it has been in our possession at least for the last 25 years, that we have constructed a compound wall recently in 2006 has, with a fraudulent intention been trying to trespass into my site and has been trying to cheat several people into buying it from him where as he known that it does not belong to him. I request you to take stern action as per law on this land grabber, trespasser and cheater and protect innocent victims from his fraud.” The entire reading of the complaint and also the charge sheet filed by the police on the basis of the said complaint does not disclose any offence or any allegation to attract the offence mentioned in the charge sheet. The respondent-police in the name of investigation by reproducing the complaint filed the charge sheet, which does not disclose any offence. If the present complaint is allowed to continue, it shall amount to abuse of process of law. Hence, this court is inclined to quash the same. 4. Accordingly, the criminal petition is allowed and the proceedings pending against the petitioner in C.C.No.927 of 2008 on the file of the VI Additional Chief Metropolitan Magistrate, Nampally, Hyderabad, are hereby quashed. Miscellaneous petitions filed in this criminal petition, if any, shall stand closed. _______________ RAJA ELANGO, J. 16th March 2011, Rns.