THE HON’BLE SRI JUSTICE K.C.BHANU CRIMINAL PETITION No.2013 OF 2009 DATED: 05-08-2010 Between Y.Gopal Reddy …Petitioner –accused And 1.State of A.P. rep. by Public Prosecutor, High Court of A.P., Hyderabad and another …Respondents-Complainants THE HON’BLE SRI JUSTICE K.C.BHANU CRIMINAL PETITION No.2013 OF 2009 ORDER: This petition under Section 482 Cr.P.C. is filed to quash the proceedings in Cr.No.27 of 2009 of Keshampet Police Station, Mahaboobnagar District, which was registered of the offences punishable under Sections 447, 427 and 506 IPC. 2. It is alleged that on 19-03-2009 at about 10 A.M., the Tahsildar along with Sub Inspector of Police, Keshampet and village Revenue Officer of Sangem village visited the village and site where they found some signs of blasting on the spot and used material. He enquired the villagers and adjacent land owners, who stated that the illegal blasting was going on sine two days by the petitioner to clear the way to Hema Ventures. The Tahsildar verified the records and found that the land was assigned to Scheduled Caste people for cultivation. The petitioner high handedly blasting the rocks without any permission. Hence, the complaint. 3. Learned counsel appearing for the petitioner contended that the petitioner has been residing at Adilabad for the last 20 years, that he is nothing to do with Hema Ventures, that there is no material to show that the petitioner has caused mischief and trespassed into others property and therefore, continuation of proceedings is nothing but abuse of process of law. 4. If the allegations in the complaint do not make out prima facie case of the offences alleged, then only question of quashing the proceedings arises. Section 447 prescribes punishment for Criminal Trespass. Criminal Trespass is defined under Section 441 IPC, which is as follows: “Whoever enters into or upon property in the possession of another with intent to commit an offence or to intimidate, insult or annoy any person in possession of such property, or having lawfully entered into or upon such property, unlawfully remains therewith intent thereby to intimidate, insult or anon any such person, or with intention to commit an offence.” Under Section 427 IPC, whoever commits mischief and thereby caused loss or damage to the amount of fifty rupees or upwards, then he is punishable. Mischief is defined under Section 425 I.P.C., which is as follows: “Whoever with intent to cause, knowing that he is likely to cause wrongful loss or damage to the public or to any person, causes the destruction of any property, or any such change in any property or in the situation thereof as destroys or diminishes its value or utility or affects it injuriously.” The allegation is that the land in question which was allegedly blasted by the petitioner to clear the way to Hema Ventures was assigned in favour of beneficiaries. The stones were blasted and thereby causing mischief to the land of beneficiaries. Since the allegations made out prima facie case, question of quashing the proceedings does not arise. 5. Accordingly, the Criminal Petition is dismissed. ------------------------------- JUSTICE K.C.BHANU DATED:05-08-2010 Hsd