HON’BLE SRI JUSTICE G. KRISHNA MOHAN REDDY CRIMINAL PETITION No.7164 OF 2008 DATED.21-10-2011 ORDER: This Criminal Petition is filed by the Petitioner/Accused No.37 (For short, ‘A-37’) under Section 482 of Cr.P.C. seeking to quash proceedings in Calender Case No.705 of 2008, pending on the file of the Court of Judicial Magistrate of First Class, Nidadavolu, West Godavari District, registered for offences punishable under Sections 447, 352, 427, 379 and 506 (2) read with Section 149 I.P.C. 2. Whereas the Petitioner is A-37, the Respondent No.2 is the complainant in the Calender Case. For the sake of convenience, I refer the parties as arrayed in the Calender Case. 3. In brief it is pleaded in the case as follows : The Complainant is the absolute owner of the land concerned in the case situated in Jeedigunta village by the side of Vasista Godavari Branch. He has been in peaceful possession and enjoyment of the land from the date of its purchase. Prior to this he filed O.S. No.753 of 2008 on the file of the Court of Judicial Magistrate of First Class, Nidadavolu, West Godavari District against A-1 to A-5 in this case and obtained interim injunction in his favour therein on 08-08-2008. While so, some of the Accused in the case used to threaten in the village that they would trespass into the land and spoil the crops therein and foist false criminal cases particularly under Section 3 of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities), Act, 1989 (In short, ‘the Act’) against the Complainant and his henchmen. In furtherance of their high handed and illegal acts and knowing very well about the Complainant’s peaceful possession and enjoyment of the land in question by obtaining interim injunction in his favour, A-1 to A-34 at the active instigation and strong support of A-35 to A-37 trespassed into the land armed with knives, axes etc. and spoiled the sugar crane crop standing in an extent of about Ac.0-35 cents and also cut nearly 150 banana trees in number and committed theft of banana fruit bunches, one mango tree, two teak tress, one panasa tree, two lemon trees and two drumstick trees there from. The specific accusation against A-37 is that while A-1 to A-34 were cutting the crops and trees he was present and also instigated and encouraged A-1 to A-34 in committing the illegal acts which resulted in heavy loss to the Complainant totally to a tune of Rs.52,000/-. 4. It is the main contention of learned counsel for A-37 that a case was registered in Crime No.136 of 2008 on the file of Samisragudem P.S. Nidadavolu Circle, West Godavari District against the Complainant and others for the offences punishable under Sections 341, 506 read with 34 IPC and Section 3 (1) (x) of the Act and only as a counterblast A-37 was got impleaded in this case and hence the proceedings are liable to be quashed so far as A-37 is concerned. 5. On the other hand, it is the contention of learned counsel for the complainant that prima-facie there is material to prosecute A-37 for the alleged offences and unless necessary trial is conducted it cannot be said that he is innocent of the charges. 6. The point for consideration is whether sufficient grounds are there in order to quash the proceedings as prayed for? 7. I have gone through the record. Admittedly, there are clear allegations against A-37 that he being a public servant instigated A-1 to A-34 to damage the crop in the land of the Complainant. There is no basis prima-facie that in view of the registration of the other case A- 37 was got impleaded in this case. Unless necessary trial is conducted, it is difficult to decide the question of complicity or innocence of A-37 in this case. Therefore, I do not find any grounds to allow the Criminal Petition. Accordingly, with these observations, the Criminal Petition is dismissed. However, in view of the facts and circumstances of the case, the presence of the Petitioner/A-37 up to the commencement of trial in C.C. No.705 of 2008 before the lower Court is dispensed with. __________________________ G. KRISHNA MOHAN REDDY, J Dated:21-10-2011. Dsh. THE HON’BLE SRI JUSTICE G. KRISHNA MOHAN REDDY 228 CRIMINAL PETITION No.7164 OF 2008 October, 21, 2011 DSH