IN THE HIGH COURT OF JUDICATURE OF ANDHRA PRADESH:: HYDERABAD THURSDAY, THE TWENTY FOURTH DAY OF NOVEMBER TWO THOUSAND AND ELEVEN PRESENT:: HON’BLE SRI JUSTICE G.V.SEETHAPATHY CRL.P.No.5010 OF 2009 Between: Y.Mohan Reddy and another …Petitioners A n d The State of A.P., Rep. by its Public Prosecutor, High Court of A.P., Hyderabad and another ..Respondents HON’BLE SRI JUSTICE G.V.SEETHAPATHY CRL.P.No.5010 OF 2009 ORDER: This criminal petition is filed under Section 482 Cr.P.C to quash further proceedings against the petitioners/A-1 and A-2 in C.C.No.483 of 2008, on the file of the XI Metropolitan Magistrate, Cyberabad at L.B.Nagar. 2. Heard the learned counsel for the petitioners. None appeared for the 2nd respondent. Perused the record. 3. Based on the complaint given by the 2nd respondent, police registered a case in Cr.No.235 of 2008 against the petitioners for the offences under Sections 447 and 427 IPC and after due investigation, filed charge sheet against the petitioners/A-1 and A-2 for the above said offences in C.C.No.483 of 2008. 4. A-1 is the father of A-2 and they are neighbours of the complainant on the east. According to the complainant, he purchased the site in plot No.A/22 situate at Vasavi Colony from Bokka Yadamma in 1996 and subsequently obtained a registered sale deed in the year 2007 and constructed a compound wall. The complainant alleges that the petitioners, who are immediate neighours on the east, with an evil intention to grab the site of the complainant have on the night of 04.03.2008 at about 11- 00 P.M., along with some unsocial elements have criminally trespassed into the complainant’s plot No.A/22 and demolished the compound wall. The learned counsel for the petitioners would submit that there has been a civil dispute between the parties in O.S.No.1670 of 2005, on the file of the Additional Junior Civil Judge (E & N), Ranga Reddy District and the present complaint is filed as a counter-blast to the said civil suit. The suit has been pending since 2005 and the alleged incident is said to have taken place in 2008. That apart, specific allegations have been made in the complaint and also in the charge sheet to the effect that on the night of 04.03.2008 at about 11-00 P.M., A-1 and A-2 along with some unsocial elements have trespassed into the site of the complainant and demolished the compound wall and the same was witnessed by two persons viz., Satyavathi and Yellaiah, who are cited as eye witnesses in the charge sheet. 5. The truth or otherwise of the said allegations is a matter to be ascertained on evidence that may be adduced during the course of the trial. Inasmuch as the complaint and charge sheet disclose specific allegations against the petitioners prima facie attracting the ingredients of the alleged offences, which need to be inquired into, it is considered not a fit case to quash further proceedings by invoking the inherent powers of the Court under Section 482 Cr.P.C. There are absolutely no valid or sufficient grounds to quash further proceedings against the petitioners/A-1 and A-2 in C.C.No.483 of 2008. 6. In the result, the criminal petition is dismissed. ____________________ G.V.SEETHAPATHY, J 24th November, 2011 Lrkm