HON’BLE SRI JUSTICE P. DURGA PRASAD CRIMINAL PETITION No.6771 of 2008 Date:08.04.2011 Between: Ailuri Pullareddy and 5 others. ….Petitioners. And: The State., rep. by PP and another …..Respondents. HON’BLE SRI JUSTICE P. DURGA PRASAD CRIMINAL PETITION No.6771 of 2008 ORDER: This petition is filed under Section 482 Cr.P.C for quashing the proceedings in C.C.No.692 of 2008 on the file of the Judicial Magistrate of the First Class, Thiruvuru. The proceedings were initiated against the present petitioners by the Sub Inspector of Police, Thiruvuru by laying the charge sheet for the offences under Sections 447 and 427 of IPC in Crime No.89 of 2008 of Thuruvuru Police Station. As per the averments made in the charge sheet, in the year 2000, A.1 shared his property and Ch. Venkata Reddy got Ac.0.98 cents and the husband of A. Ramaseetha has got Ac.1.12 cents and they are enjoying the said property since then. In the year 2007, the brother of Chinna Venkata Reddy has registered his land to an extent of Ac.1.12 cents in the name of his wife and she was harassed by A.1 and others which is subject matter of Crime No.3 of 2008 for the offence under Section 498-A IPC of Thiruvuru Police Station. Hence, disputes arose between A.1 and Ch. Venkata Reddy and A. Ramaseetha. A.1 has registered the land to an extent of Ac.0.98 cents which is under the possession of Ch. Venkata Reddy in favour of A.2 and A.3 on 18.12.2007 and since then A.2 and A.3 demanding Venkata Reddy to vacate the land and he denied the same and Venkata Reddy has approached the Civil Court and obtained injunction order against the accused in O.S.No.62 of 2008. The said Venkata Reddy and his sister-in-law gave their lands to Ch. Venkata Reddy and G. Veerabadra Reddy on lease and they raised ‘Pilli Pesara’ and other crops. The A.1 to A.5 wanted to grab the lands and on 5.8.2008 at about 5.00 p.m, the A.1 to A.5 took the tractor belongs to father of A.4, driven by A.6 to the lands. A.6 ploughed the lands with the tractor and thereby spoiled the crops and Ch. Venkata Reddy and G.Veerabadra Reddy sustained the loss of Rs.6,000/- and they gave report to the police and the same was registered as a case in Crime No.89 of 2008 for the offences under Sections 447 and 427 IPC. Hence, the accused are liable for punishment. The learned counsel for the petitioner has pleaded that at the instance of the Ch. Venkata Reddy and A. Ramaseetha, a false complaint was lodged by G. Veerabadra Reddy only to harass the present petitioners as the eldest son of A.1 failed to get the property kept out for his maintenance as demanded by him. He has instigated the tenants to file the suit and the criminal complaint against the A.1 and others. On the other hand, the learned counsel for the respondent No.2 has pleaded that the averments made in the complaint and the charge sheet clearly show the offences under Sections 447 and 427 IPC and as such the petitioners are not entitled for quashing of the proceedings and whether the accused have committed the offence or not has to be decided after conducting of the trial and not at this stage. As per the averments made in the charge sheet, it is evident that on 5.8.2008 all the accused have trespassed into the land of the defacto-complainatn/2nd respondent herein and ploughed the land and spoiled the crop raised therein and caused loss to a tune of Rs.6,000/-. Therefore, the allegations made in the complaint prima facie establishes the offences punishable under Sections 447 and 427 IPC. The contention of the learned counsel for the petitioners that at the instigation of the eldest son of A.1 only this false complaint foisted against the present petitioners has to be gone into during the course of trial and at this stage, the averments made in the charge sheet are to be taken into consideration and the allegations made in the complaint prima facie establish the offences. Hence, the petitioners are not entitled for quashing of the proceedings as prayed for. In the result, the criminal petition is dismissed. _____________________ P.DURGA PRASADJ. Date:08.04.2011. Gk. HON’BLE SRI JUSTICE P. DURGA PRASAD CRIMINAL PETITION No.6771 of 2008 Date:08.04.2011 Gk.