THE HON’BLE SRI JUSTICE N.RAVI SHANKAR CRIMINAL PETITION NO.7888 OF 2009 Date: 16.12.2011 Between: Pothina Venkata Rao and others …..Petitioners And The State of A.P., rep. by its Public Prosecutor, High Court of A.P., Hyderabad and another …..Respondents THE COURT MADE THE FOLLOWING: THE HON’BLE SRI JUSTICE N.RAVI SHANKAR CRIMINAL PETITION NO.7888 OF 2009 ORDER: Heard Sri A.Eshwar, the learned counsel for petitioners and the learned Additional Public Prosecutor. The learned counsel for second respondent is not present. 2. Petitioners herein are accused Nos.3, 7, 8 and 10 in C.C.No.161 of 2008 on the file of the Court of IX Metropolitan Magistrate, Bheemunipatnam, Visakhapatnam District (trial court). They filed this petition under Section 482 of Code of Criminal Procedure, 1973 (Cr.P.C.) for quashing the proceedings in the above case against them. The offences alleged in the above case are those punishable under Sections 447, 427 and 506 read with Section 34 of the Indian Penal Code, 1860 (IPC). 3. All the petitioners are said to have trespassed upon the lands belonging to de facto complainant and others mentioned in the charge sheet and also committed mischief and indulged the acts of criminal intimidation. The allegations in the charge sheet thus do disclose the above offences against all the accused including the petitioners herein. 4. The various contentions raised on behalf of the petitioners would show their defences and they fall within the purview of disputed questions of fact and hence they cannot be gone into in this petition as it is a matter of evidence. 5. The learned counsel for the petitioners requested that the presence of the petitioners for every date of hearing before the trial court be dispensed with. There is no reason to grant that relief in this petition and they can approach the trial court for the same. 6. Accordingly this criminal petition is dismissed. ___________________________ JUSTICE N.RAVI SHANKAR 16th December, 2011 Tjmr THE HON’BLE SRI JUSTICE N.RAVI SHANKAR CRIMINAL PETITION NO.7888 OF 2009 DATE: 16.12.2011