THE HON’BLE SRI JUSTICE B.CHANDRA KUMAR CRIMINAL PETITION No.2611 of 2007 Dated:- 15th July, 2010 Between:- Posani Rayamallu and others …Petitioners AND State of A.P. …Respondent THE HON’BLE SRI JUSTICE B.CHANDRA KUMAR CRIMINAL PETITION No.2611 of 2007 ORDER:- This Criminal Petition, under Section 482 Cr.P.C., is filed by the petitioners to quash the charge-sheet filed against them in C.C.No.67 of 2007 on the file of the Judicial Magistrate of the First Class, Sultanabad, Karimnagar District. 2. As seen from the contents of the charge-sheet, it is the case of the de-facto complainant that he is the owner and possessor of Acs.1.19 Guntas of land in Survey No.336/E situated at the bus-stage, Suglampalli Village. According to him, there were disputes between him and his brother Posani Rayamallu who is the first petitioner herein / Accused No.1 in the criminal case and that the de- facto complainant had filed I.A.No.658 of 2002 and a suit in O.S.No.17 of 1995 and that the said suit was decreed in his favour. It is also his case that the said judgment was challenged in A.S.No.6 of 2002 but ultimately the said appeal was dismissed. It is further alleged that on 19.02.1997 at about 08:00 P.M., the petitioners herein trespassed into the agricultural land and constructed two huts and, therefore, he reported the mater to the police. Basing on the complaint given by the de-facto complainant, the police registered a case in Crime No.28 of 2007 against the petitioners for the offences punishable under Sections 447 and 506 R/w 34 IPC and after completing investigation, filed charge-sheet. 3. The only contention of the learned counsel for the petitioners is that petitioners 2 to 4 herein filed O.S.No.148 of 2006 on the file of the Senior Civil Judge at Peddapalli, against the de-facto complainant and obtained ad interim injunction in I.A.No.895 of 2006 in the said O.S. and that since the said injunction order was in force on the date of the alleged offence, no offence is made out against the petitioners and, therefore, the proceedings in C.C.No.67 of 2007 on the file of the Judicial Magistrate of the First Class, Sultanabad, are liable to be quashed. 4. As seen from the contents of the docket order in I.A.No.895 of 2006 in O.S.No.148 of 2006, the petition schedule property is in survey No.336/E measuring Acs.0.24 Guntas is situated at Sultanabad Sivar of Sultanabad Mandal with specific boundaries as shown in the schedule whereas the contents of the charge-sheet would go to show that the land into which the petitioners are alleged to have trespassed is Acs.1.19 Guntas of land in Survey No.336/E situated at Bus-stage, Suglampalli village. There is nothing on record to show that the land shown in the charge-sheet and the land shown in petition schedule property in O.S.NO.148 of 2006 on the file of the Senior Civil Judge, Peddapalli, are one and the same. Moreover, at this stage, the Court has to see the contents of the charge-sheet and not the documents filed along with the quash petition. In view of the above, it is clear that there are no merits in this petition and the petition is liable to be dismissed. 5. Accordingly, the Criminal Petition is dismissed. _______________________________ JUSTICE B.CHANDRA KUAMR July 15, 2010 Bvv