THE HON’BLE SRI JUSTICE SAMUDRALA GOVINDARAJU CRIMINAL PETITION No.7593 of 2009 BETWEEEN: 1. Kutcherlapati Trimurthulu Raju & another. … Petitioners AND 1. State of A.P. & 2 others. … Respondents THE HON’BLE SRI JUSTICE SAMUDRALA GOVINDARAJULU CRIMINAL PETITION No.7593 of 2009 ORDER: The petitioners 1 & 2/ A2 & A3 are accused of offences punishable under Sections 447, 379, 506/34 I.P.C in C.C.No.139 of 2009 on the file of Judicial Magistrate of the First Class, Chipurupally, Vizianagaram District. It is alleged that there are disputes between the 3rd respondent–de facto complainant and A1, who are neighbouring land owners and that under his instigation, A2 & A3 criminally trespassed into the land of the 3rd respondent and took away one out of 8 cut teak logs of trees worth of Rs.5,000/- and that the said stolen log was stored in a poultry farm and that after coming to know about the same, when the 3rd respondent questioned the accused, the accused threatened him with dire consequences. It is contended by the petitioners’ counsel that the 1st petitioner/A-2 is working as a Branch Manager in a Grameena Bank located at a long distance from the scene of offence and that it is highly improbable and palpably absurd to say that A2 along with A3 took away the cut log of teak wood and that no motive was even suggested to A2 and A3 for doing the same. During investigation, the Police Officer examined several witnesses and recorded their statements on the offences. Allegations in the First Information Report and charge sheet taken on their face value, does not demonstrate lack of prima facie case for the prosecution herein. Truth or otherwise of the allegations is a question of fact which has to be decided by the trial Court after recording of evidence during trial and after appreciating the same. I do not find any absurdity in the allegations. This Court intends to observe that this is eminently a fit case for settlement between the parties. 2. In the result, the Criminal Petition is dismissed. _____________________________ SAMUDRALA GOVINDARAJULU, J Dated: 28.03.2011 ysk THE HON’BLE SRI JUSTICE SAMUDRALA GOVINDARAJULU CRIMINAL PETITION No.7593 of 2009 DATED: 28.03.2011 ysk