THE HON'BLE SRI JUSTICE N. RAVI SHANKAR CRIMINAL PETITION No.5130 OF 2011 ORDER: 1 Heard the Petitioners’ counsel and also the learned Additional Public Prosecutor. 2 Petitioners are A.1 and A.2 in Cr.No.47 of 2010 of P.S. Palakoderu. The Petitioners have filed a copy of the charge sheet but their counsel is unable to furnish the case number but it is reported that the charge sheet has been filed in the court of the II Additional Judicial Magistrate of I Class, Bhimavaram. 3 The offences alleged are those punishable under Sections 447 and 427 r/w 34 of IPC. The whole dispute is with regard to a road laid by Oil And Natural Gas Corporation through the land of the de facto complainant. The de facto complainant says that students of the engineering college run by the Petitioners/accused have no access through that road to the college, whereas the Petitioners claim that it is a public road. The allegation is that both the petitioners have trespassed into the land of the de facto complainant and pulled down a signboard erected by the de facto complainant exhibiting a notice that others do not have any right of way through the said road. 4 Whether Petitioners have a right of way through the road in question or the land of the de facto complainant or whether they do not have such a right are questions of fact which have to be decided on evidence and therefore they cannot be gone into in this petition. However, the allegations in the charge sheet do disclose offences under sections 447 and 427 of IPC. 5 The learned counsel for the petitioners stated that both the Petitioners are running engineering college and if they are arrested that would create problems for them. It may be noted that both the offences are bailable and hence Petitioners can work out their remedies before the concerned court or the police as they are entitled to bail as of right. 6 This petition is accordingly dismissed. ------------- 28.06.2011 Kvsn