HONOURABLE SRI JUSTICE RAJA ELANGO CRIMINAL PETITION No.1014 of 2008 ORDER: Petitioners approach this Court with a prayer to quash the proceedings against them in D.V.C.No.3 of 2007 on the file of the Judicial Magistrate of First Class, Devarakonda, Nalgonda District. 2. Heard both sides. 3. The first respondent-de facto complainant herein is the sister of the petitioners. Learned counsel for the petitioners contended that the respondent-complainant never lived with the petitioners herein and she cannot claim share over the property by way of invoking the provisions of DVC Act, whereas, the case is filed before the DVC Court claiming share in the subject property. 4. This Court is of the view that it is a matter to be decided by a trial Court at the time of trial. Further more, under the said Act, powers of the Magistrate are only to pass some interim orders and if at all the respondent is entitled for any share in the subject property, necessarily she has to approach the civil Court. In any event, the petitioners herein are directed to make their submissions before the concerned court. 5. Since the matter arises out of a dispute between brothers and sister wherein the question of identity of the accused does not arise, the presence of the petitioners-accused before the trial Court is dispensed with except the dates on which the learned Magistrate insists for their appearance and they shall be properly represented through their counsel. 6. With the above observation, the Criminal Petition is disposed of. 7. Miscellaneous petitions filed along with the criminal petition, if any, shall stand closed. ________________ RAJA ELANGO, J. 24th February 2011, Rns.