THE HON’BLE SRI JUSTICE V.V.S.RAO CRIMINAL PETITION No.6419 of 2008 Dated:15.07.2010 Between: Akula Sudarshan. ….Petitioner And The State of A.P., through SHO, I Town P.S., Karimnagar, Rep.by its Public Prosecutor, High Court, Hyderabad, And another. …Respondents THE HON’BLE SRI JUSTICE V.V.S.RAO CRIMINAL PETITION No.6419 of 2008 ORDER: This petition under Section 482 of the Code of Criminal Procedure, 1973 (Cr.P.C), is filed by accused No.4 in Crime No.224 of 2008 of I Town P.S. Karimnagar, under Sections 417, 420, 447, 506 read with Section 34 of the Indian Penal Code, 1860 (IPC). The second respondent filed the private complaint on the file of the Court of the Additional Judicial Magistrate of First Class, Karimnagar, which was referred to Police under Section 156(3) of Cr.P.C for investigation. Thereafter, the crime was registered. The second respondent alleged that he is absolute owner of land admeasuring Ac.0.18 guntas in survey No.846 situated at Rampur locality of Karimnagar and that he filed a suit, being O.S.No.28 of 2005, on the file of the Court of the Senior Civil Judge, Karimnagar, for perpetual injunction against accused Nos.2 and 3. A n ex parte decree was passed on 28.04.2006. But, accused Nos.2 and 3 executed a registered agreement of sale – cum – General Power of Attorney with possession through accused No.1 in favour of accused Nos.4 and 5 to an extent of 15,488 square yards (Acs.3.08 guntas). The document was witnessed by accused Nos.2 and 3 who are sons of accused No.1. He also alleged that after the said document, accused Nos.4 and 5 trespassed into the land belonging to the petitioner, even though there is a decree for injunction, and therefore, they committed offences as alleged. Counsel for the petitioner submits that no allegation is made against the petitioner/accused No.4, and therefore, any investigation into the crime against the petitioner would be abuse of process of law. This Court is not able to accept the submission. A reading of the complaint would disclose prima facie the role of each of the accused in the offences alleged and therefore at this stage the question of quashing the investigation does not arise. The petitioner has to raise all his defences and produce necessary evidence for his exoneration. The Criminal Petition for the above reasons is dismissed. __________________ (V.V.S.RAO, J) 15.07.2010 vs