IN THE HIGH COURT OF JUDICATURE OF ANDHRAPRADESH AT HYDERABAD HONOURABLE SRI JUSTICE SAMUDRALA GOVINDARAJULU CRIMINAL PETITION No.6921 of 2009 DATE: 13.12.2011 Between: Lemuel and another …… Petitioners And The State of Andhra Pradesh through the Public Prosecutor, High Court of A.P. and others …… Respondents HONOURABLE SRI JUSTICE SAMUDRALA GOVINDARAJULU CRIMINAL PETITION No.6921 of 2009 ORDER : The petitioners 1 and 2/A-1 and A-2 are accused of offences punishable under Sections 447, 427 and 506 I.P.C. No doubt the dispute between A-1 and the defacto- complainant/2nd respondent is basically a civil dispute with regard to Ac.8-23 guntas of land in S.Nos.1240/A/1 to 1240/A/7 of Shamirpet village. Previous F.I.R in Crime No.144/2008 between the parties was referred by the police treating it as civil nature. That previous F.I.R was given by A-1 against the complainant party herein. There is also a civil suit in O.S. No.149 of 2008 pending on the file of District Court, Rangareddy District for declaration of title between the parties. Though the dispute between the parties is basically a civil dispute, it has to be seen whether there are criminal overtones in this case. It is alleged that there is barbed wire fencing for the land made by the defacto- complainant and that there is a watchman employed by him and that A-1 and A-2 on 09.08.2009 at about 2.30 P.M went to the land and trespassed into the land, damaged stone poles and wiring and threatened the watchman with dire consequences. The said allegations turned this case into a criminal case in a civil dispute between the parties. It is contended that false report is given with an intention to harass the petitioners. It is a matter for trial before the Magistrate and this Court in this petition under Section 482 Cr.P.C. cannot undertake the scrutiny whether the case is true or false. 2) In the result, the Criminal Petition is dismissed. The petitioners are at liberty to approach the Magistrate with necessary petitions for recalling non-bailable warrants pending against them. _______________________________ SAMUDRALA GOVINDARAJULU, J December 13, 2011 ksh