THE HON’BLE SRI JUSTICE N.R.L.NAGESWARA RAO CRL.P.NOs.1887 and 4468 OF 2008 COMMON ORDER:- These applications are filed by the Accused Nos.1 and 2 in C.C.No.418 of 2005 on the file of the Court of I Additional Judicial First Class Magistrate,m Kadapa under Section.428 Cr.P.C. to quash the proceedings in the said case. A private complaint has been filed by the brother of Accused No.1 for an offence Under Sections.447, 424 and 506 of IPC and there seems to be a dispute with regard to a cinema theatre and also some property. A civil suit has been filed in O.S.No.112 of 2001 on the file of the court of Senior Civil Judge, Kadapa and there seems to be an injunction granted by the court. In spite of it, the accused seems to have meddled with the property and committed the offence. It is a private complaint and the lower court after recording sworn statement of the complainant and finding a prima facie case against the accused has taken the case on file under Sections.447, 424 and 506 IPC. The counsel for the petitioners contends that there is no material to proceed with the case. Evidently, it is not a case where after the investigation by the police, the charge sheet was filed. Subject to satisfaction of prima facie evidence was expressed by the court and to sit over such opinion without there being any other material is difficult and the petitioners are permitted to raise objections at the time of framing of charge against them with regard to liability for prosecution. However, the trial court is directed to dispose of the case expeditiously in any event within a period of three (3) months from the date of receipt of a copy of this order. With the above observation, the Criminal Petitions are disposed of. _______________________ N.R.L. NĀGESWARA RĀO,J 03-11-2011 TSNR