IN THE HIGH COURT OF JUDICATURE OF ANDHRAPRADESH AT HYDERABAD HONOURABLE SRI JUSTICE SAMUDRALA GOVINDARAJULU CRIMINAL PETITION No.9852 of 2009 DATE: 27.09.2010 Between: Kongara Srinivasa Rao and others …… Petitioners And: The State of A.P. rep. By Public Prosecutor, And another …..Respondents HONOURABLE SRI JUSTICE SAMUDRALA GOVINDARAJULU CRIMINAL PETITION No.9852 of 2009 ORDER: The 1st petitioner/A-1 is accused of offences punishable under Sections 427 and 294(b) I.P.C and the petitioners 2 and 3/A-2 and A-3 are accused of offence punishable under Section 294(b) I.P.C only, in C.C. No.39 of 2007 on the file of Additional Judicial Magistrate of the First Class, Kothagudem. Previously this Court by order dated 16.11.2009 in Crl.P.No.6687 of 2009 quashed proceedings in C.C. No.39 of 2007 in so far as A-4 was concerned for offence punishable under Section 294(b) I.P.C. On perusal of copies of F.I.R and charge sheet, I do not find any allegations touching an offence punishable under Section 294(b) I.P.C in this case. In so far as A-1 is concerned, he is stated to have pelted a stone which hit a glass window and broke glass of that window. Both the parties are closely related to each other. Because of certain property disputes between them, the prosecution party launched this prosecution against the accused. This Court is of the opinion that breaking window glass by pelting stone is a trivial offence causing slight harm and that therefore Section 95 I.P.C has to be invoked in this case. 2) In the result, the petition is allowed quashing proceedings in C.C. No.39 of 2007 on the file of Additional Judicial Magistrate of the First Class, Kothagudem in so far as the petitioners 1 to 3/A-1 to A-3 are concerned. _______________________________ SAMUDRALA GOVINDARAJULU, J September 27, 2010 KSH