THE HON’BLE SRI JUSTICE G.V.SEETHAPATHY CRIMINAL PETITION No.12105 OF 2010 DATED:06-12-2010 ORDER: This petition is filed under Section 482 of Cr.P.C. for quashing further investigation in Cr.No.123 of 2010 of Seethanagaram police station, Vizianagarm District. 2. Heard both sides. Perused the records. 3. Based on a complaint given by the 2nd respondent herein, police registered a case in Cr.No.123 of 2010 against the petitioners-A1 to A5 for the offences under Section 427 r/w 34 and Section 3 (1) (x) of the Scheduled Caste & Scheduled Tribes (Prevention of Atrocities) Act, 1989. Investigation is pending. 4. According to the complainant, he belongs to Scheduled Caste community and that he has been cultivating the rain-fed land and that the petitioners have spoiled the crop and also the land by spraying insecticides, mixed with kerosene oil, and when the complainant and others protested, petitioners abused them in the name of caste and tried to assault them. 5. Learned counsel for the petitioners would submit that the petitioners have been cultivating the disputed land and they also filed a suit in O.S.No.119 of 2002 for permanent injunction against one Janesh, who is the henchman of the complainant, and the said suit was decreed on 21-07-2005 by the learned Principal Junior Civil Judge, Bobbili and that the complainant and others violated the order of injunction and the petitioners filed E.P.No.148 of 2010 for punishing the judgment-debtors and thereupon the complainant and his men trespassed into the said land and took away the crop highhandedly and the petitioners made a complaint to the police which was registered as F.I.R.No.122 of 2010 for the offences under Sections 447 and 379 r/w 34 IPC and as a counterblast, suppressing the material facts, the present complaint is given by the complainant, which was registered as Cr.No.123 of 2010. 6. As seen from the complaint in F.I.R.No.122 of 2010, complainant herein was also named as one of the accused in respect of the offences under Sections 447 and 379 IPC. The question as to whether or not the present complaint in F.I.R.No.123 of 2010 was given as a counterblast to F.I.R.No.122 of 2010 lodged by the petitioners is a matter to be considered during the course of investigation. Secondly, the truth or otherwise of the allegations contained in the complaint are also matters to be ascertained during the course of investigation. The fact remains that there is a complaint and a counter-complaint by the parties and both are under investigation. It is only just and proper that both the First Information Reports are duly investigated so that the truth can come out. It is therefore considered not a fit case to invoke the inherent powers of this Court under Section 482 Cr.P.C. and quash further proceedings in Cr.No.123 of 2010 of Seethanagaram police station, Vizianagaram District. However, petitioners-A1 to A5 may not be arrested till conclusion of the investigation and filing of charge sheet, if any. 7. Criminal Petition is dismissed with the above direction. _______________________ G.V.SEETHAPATHY, J 06th December, 2010 Note: Furnish C.C. o the order within three days. B/o Tsy