THE HON’BLE SRI JUSTICE K.C.BHANU CRIMINAL PETITION No. 2883 OF 2007 ORDER: 1. This Criminal Petition is filed under Section 482 Cr.P.C. to quash the proceedings in Sessions Case No.472 of 2006 on the file of the Principal Assistant Sessions Judge, Rajahmundry. 2. The first respondent herein filed a private complaint against the petitioners herein alleging that he is President of Sree Sitarama Vartakula Welfare Society. The Society purchased an extent of Ac.2.00 of land under registered sale deed, and L.W.1-Chandana Ramesh also purchased an extent of Ac.3.00 of land in R.S. No.617 of Pidimgoyyi Grampanchayat, and both are in peaceful possession and enjoyment of their respective lands which are continuous plots. They constructed a compound wall to their land on eastern side. A.1 is father of A.2, and A.3 is close associate of A.1 and A.2. They were making hectic efforts to some how or other, grab the land from the complainant, L.W.1-Chandana Ramesh and other land owners. Injunction decrees were also obtained against A.1 and A.2 by some other owners. The accused, with a common intention to trespass into their lands and also to kill them, came along with 50 unknown persons armed with deadly weapons like crow bars, hammers, etc. on 1.7.2004 when they were there in their lands. All the accused came shouting to kill whoever comes in their way, trespassed into the lands, and high-handedly demolished the compound wall and attempted to kill them and raised crow bars. Hence, the complaint. 3. Inspite of service of notice, none appears for the respondent no.1. Heard the learned counsel for the petitioners and the counsel representing the Public Prosecutor. 4. The learned counsel for the petitioners contended that even if the allegations in the sworn statements of the witnesses examined on behalf of the complainant are taken as true and correct, they do not establish that the petitioners attempted to kill the defacto complainant, and that the compound wall was demolished by the Grampanchayat in pursuance of the directions given by the Civil Court, and so, continuation of the impugned proceedings against the petitioners is nothing but abuse of process of Court. Hence, he prays to quash the impugned proceedings. 5. There cannot be any dispute that inherent powers under Section 482 Cr.P.C. can be exercised when there is an abuse of process of Court or to secure ends of justice or to give effect to any order under the Code. When the allegations in the complaint do not make a prima facie case for the offences alleged against the petitioners, then only the question of quashing the same would arise. 6. The petitioners herein are A.1 to A.3. The sworn statements of the witnesses examined on behalf of the first respondent/defacto complainant, would go to show that A.1 to A.3 and others armed with crow bars, demolished a wall. There is no allegation that they made any attempt on the life of the defacto complainant. Except alleging that the petitioners/accused threatened him, nothing has been stated. Therefore, continuation of the proceedings in so far as the offence punishable under Section 307 I.P.C. is nothing but abuse of process of court, and hence, the same are liable to be quashed. In respect of the other offences alleged, as a prima facie case is made out, the question of quashing the same does not arise. 7. In the result, the Criminal Petition is partly allowed. The proceedings in Sessions Case No.472 of 2006 on the file of the Principal Assistant Sessions Judge, Rajahmundry, in so far as the offence punishable under Section 307 I.P.C. are quashed. In respect of other offences alleged, the trial Court can proceed further. Since the other offences are triable by a First Class Magistrate, the concerned Magistrate shall dispose of the case in accordance with law. ---------------- 15.7.2010 DRK THE HON’BLE SRI JUSTICE K.C.BHANU CRIMINAL PETITION No. 2883 OF 2007 Date: 15.7.2010 Between: Koppisetti Venkata Surya Prasad Rao & others …Petitioners And Nallampalli Sri Rama Reddy & another …Respondents THE HON’BLE SRI JUSTICE K.C.BHANU CRIMINAL PETITION No. 2883 of 2007 15.7.2010