THE HON’BLE SRI JUSTICE G.V.SEETHAPATHY CRL.P.No.7373 OF 2009 ORDER This criminal petition has been filed under Section 482 Cr.P.C to quash further proceedings against the petitioners-A1 to A3 in C.C.No.1424 of 2009 on the file of the II Metropolitan Magistrate, Cyberabad, at L.B.Nagar, Heard the learned counsel for the petitioners and the learned Additional Public Prosecutor appearing for the respondent-State. Perused the records. The second respondent herein gave a complaint to the police against the petitioners and the same was registered as FIR in Cr.No.108 of 2009 of Pahadishareef Police Station and after due investigation, the police filed a charge sheet against the petitioners-A1 to A3 alleging offences under Sections 447, 427 and 506 IPC and the same was taken cognizance by the learned Magistrate as C.C.No.1424 of 2009. According to the complainant, he purchased 160 square yards of site in plot No.6, 160 square yards in plot No.16 in Sy.Nos.827, 828 of Mankhal Village on 30-11- 2006 from Sri Naresh Raj and others under a registered sale deed and ever since he has been in possession and enjoyment of the same. He alleges that on 6-3-2009 at about 3-00 p.m the accused trespassed into his land and damaged the constructions which were raised upto slab level with the help of JCB and also damaged constructions in the neighbouring plots and when the complainant protested, the accused abused him in filthy language and threatened him with dire consequences. After due investigation, the police filed charge sheet alleging that the incident complained of was witnessed by LWs. 4 and 5. The charge sheet also discloses that on 6- 3-2009 the accused criminally trespassed into the land of the complainant and damaged the constructions thereon, thereby attracting the ingredients of the alleged offences. Learned counsel for the petitioners would submit that the dispute is civil in nature inasmuch as a civil suit in O.S.No.552 of 2009 filed by the first petitioner herein and another against the complainant and others is pending before the Principal Senior Civil Judge, R.R. District and status quo was also granted in I.A.No.564 of 2009. As seen from the schedule of the lands in O.S.No.552 of 2009, the dispute in the said suit is related to an extent of Ac.1-03 guntas in Sy.No.829/A and Ac.1-10 guntas in Sy.No.834/A and Ac.03-00 guntas in Sy.No.829/A. The western boundary of the said land is shown as the land situate in Sy.No.827/828. The land, which is the subject matter of the present complaint is situate in Sy.Nos.827 and 828, but not in Sy.No.829/A or 834/A. Thus, the subject matter of the land in the present complaint is distinct and separate from the subject land in O.S.No.552 of 2009, though they are adjacent to each other. It is stated that the first petitioner filed W.P.No.9321 of 2009 seeking a writ of Mandamus to declare the inaction of the revenue authorities to consider the application of the petitioner for survey and demarcation of land in Sy.Nos.829 and 834 as illegal. This Court by order dated 13-4-1009 disposed of the said writ petition with a direction to the Tahsildar to conduct survey of the land in Sy.Nos.829 and 834. It is stated that the said lands have been surveyed and a survey panchanama was conducted on 27-6-2009 including location map. A copy of the said map filed along with the material papers would disclose that Sy.Nos.827 and 828 are situate in west of 834 and 829. It is therefore clear from the material papers filed by the first petitioner himself that the land situate in Sy.No.834 and 829 which is the subject matter of civil suit is totally different and distinct from the land, which is situate in Sy.Nos.827 and 828 in respect of which the complaint is filed. It cannot therefore be said that there is any civil dispute pending between the parties pertaining to the self same land which is subject matter of the complaint. Having regard to the said allegations made in the complaint and charge sheet to the effect that the petitioners have trespassed into the land of the complainant in Sy.Nos.827 and 828 and demolished the structures which were raised upto the level of slab with the help of JCB and that the same was witnessed by eye witnesses also, it is considered not a fit case to invoke the inherent powers of this Court under Section 482 Cr.P.C. and quash further proceedings. The truth or otherwise of the said allegation is a matter to be considered on evidence that may be adduced during the course of trial. For the present, it is suffice to say that there are absolutely no valid or justifiable grounds to invoke the inherent powers of this Court under Section 482 Cr.P.C and quash further proceedings. In this case, specific allegations have been made against the petitioners and specific overt acts are also attributed to them prima facie attracting the ingredients of the alleged offences. In the result, the criminal petition is dismissed. ______________________ G.V.SEETHAPATHY,J rkk Dated: 8-12-2011