THE HON’BLE SRI JUSTICE P.SWAROOP REDDY CRIMINAL PETITION No.1801 OF 2008 Dated : 24.11.2009 Between : A.Venkata Ramanjaneyulu & another ….. Petitioners/Accused a n d K.Satyanarayana & others ….. Respondents THE HON’BLE SRI JUSTICE P.SWAROOP REDDY CRIMINAL PETITION No.1801 OF 2008 ORDER : This criminal petition under Section 482 Cr.P.C. is filed by the petitioners/Accused seeking to quash the proceedings in C.C.No.225 2007 on the file of the Judicial First Class Magistrate’s Court, Ponnur, Guntur District, arising out of Crime No.109 of 2006 of Ponnur Town Police Station registered for the offence punishable under Sections 420, 468, 323 and 506 read with Section 34 I.P.C. 2) Heard. 3) The allegations against the petitioners are that when the defacto complainant, who is the owner of the premises in dispute, asked the petitioners to vacate the premises, they refused to do so, abused him in filthy language and also beat him. 4) A reading of the complaint and the statements of the witnesses reveal that both the petitioners have participated in assaulting the defacto complainant. The contention of the learned counsel for the petitioners is that there is a civil litigation pending between the parties and on account of the same a false complaint is filed. Even assuming that the complaint is a false complaint, the genuineness of the complaint has to be determined by the trial Court during trial and as there is prima facie material against the petitioners, it is not a fit case for quashing the proceedings against the petitioners and the petition is liable to be dismissed. 5) Therefore, the criminal petition is dismissed. ______________________ P.SWAROOP REDDY, J 24th November, 2009 SUR