THE HONOURABLE SRI JUSTICE RAJA ELANGO CRIMINAL PETITION No.3062 of 2011 ORDER: Petitioners/A-1 and A-2 approach this Court with a prayer to quash the proceedings against them in C.C.No.448 of 2008 on the file of the V Additional Judicial Magistrate of First Class, Nellore, whereby they are facing charge for the offence punishable under Sections 447, 434 and 506 IPC. Heard both sides. It is represented by the learned counsel for the petitioners that civil suits are pending between the parties and the complaint given by the petitioners was returned by the police and referred as civil in nature. On perusal of the record, it is evident that on the basis of the complaint given by the de facto complainant, investigation was completed and charge sheet was filed, wherein it is stated that as per records, the disputed land stands in the name of P.Ws.1 to 5 concerned and the accused are no way concerned with the same. This Court is of the view that this is not a ground to quash the present complaint. The petitioners are at liberty to face the trial and raise all the points at the time of trial. In any event, considering the submissions made by the learned counsel for the petitioners, and in view of the fact that the identity of the accused is not disputed, the presence of the petitioners-accused before the trial Court is dispensed with except the dates on which the learned Magistrate insists for their appearance and they shall be properly represented through their counsel before the trial Court. With the above observation, the Criminal Petition is disposed of. The miscellaneous petitions, if any, filed along with the criminal petition shall stand closed. _________________ RAJA ELANGO, J. 7th April 2011, Rns.