IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD PRESENT : THE HON’BLE SRI JUSTICE P.DURGA PRASAD CRIMINAL PETITION NO.3062 OF 2008 Date:17.03.2011 Between:- Dr. Kapa Narapareddy .. Petitioner. A N D Chedimala Rajagopal and another. .. Respondents. The Court made the following: ORDER: This is a petition filed under Section 482 Criminal Procedure Code (for short Cr.P.C.) for quashing the proceedings in C.C.No.142 of 2006 pending on the file of Judicial Magistrate of First Class, Kota, Nellore District. 2. According to the petitioner, he gave evidence in C.C.No.21 of 2006 on the file of Judicial Magistrate of First Class, Kota on behalf of Sri P.Parandamayya in respect of a land belongs to Smt. Maruchuri Sulochanamma and the said land was wrongfully sold to Smt. P.Shankaramma at the instance of Sri D.V.Ramanayya. Due to which, the 1st respondent bore grudge against him and gave a false report on 09.07.2006 alleging that he trespassed into his mango garden and abused him and beat him. Basing on the said report, police registered a case in Crime No.52 of 2006 under Sections 447, 323, 290 and 506 IPC and subsequently filed a charge sheet. 3. The main contention of the petitioner’s counsel is that in view of giving evidence by petitioner in earlier case, this false case is foisted against him. As rightly admitted by the learned counsel for the petitioner that the fact is to be established during the course of trial before the lower Court and the petitioner can as well canvass the said plea during the course of trial before the Judicial Magistrate of First Class, Kota. Therefore, in these circumstances, I hold that the petitioner is not entitled for quashing the proceedings as prayed for. 4. In the result, the petition is dismissed. However, Judicial Magistrate of First Class, Kota is directed to dispose of the C.C.No.142 of 2006 as early as possible. _______________________ P.DURGA PRASAD, J 17th March, 2011 KSP