THE HON’BLE SRI JUSTICE N.R.L. NAGESWARA RAO CRIMINAL PETITION No.1050 OF 2009 ORDER: Admit. This an application filed by the petitioner/A.5 to quash the proceedings initiated against him in C.C.No.344 of 2008 on the file of the Additional Judicial Magistrate of I Class, Kavali. A private complaint is said to have been filed against nine persons with regard to the enjoyment of some property said to be belonging to the complainant, where-under civil suits are also said to be pending. The private complaint was referred to the police and the police have filed a final report finding that the complaint is a false one and therefore, it may be treated as false. It appears thereafter a protest petition was filed and the statement of the complainant and witnesses were recorded and by order dated 24.07.2008 the learned Magistrate has passed an order stating that the case is made out for the offences under Sections 447 and 506 read with 34 of the Indian Penal Code (for short, 'IPC') and accordingly, the case was taken on file and summons were issued to all the accused persons. The learned counsel for the petitioner contends that the procedure adopted by the learned Magistrate in taking on file without any reasoned order disagreeing with the investigation done by the police when it was referred as false is not legal. Further-more the offences that were taken on file are under Sections 447 and 506 read with 34 IPC, which are actually acts of trespass and threats given by other accused to the complainant. So far as the present petitioner is concerned, even the allegations in the private complaint also clearly go to show that he is only responsible for issuance of a patta, which is a subject matter of dispute in the civil suit. Therefore, in view of the above circumstances, it cannot be presumed or accepted that he is responsible for any of the offences under Sections 447 and 506 read with 34 IPC. The final report submitted by the police clearly goes to show that the complaint itself is false. Therefore, in view of the fact that there being no offence is made out against the petitioner for the offences, which were taken on file and that were attributed to the petitioner in the complaint being different, the proceedings are therefore quashed. Accordingly, the Criminal Petition is allowed. _______________________________ JUSTICE N.R.L. NAGESWARA RAO Date:24-11-2011 INL