THE HON’BLE SRI JUSTICE G. BHAVANI PRASAD CRIMINAL PETITION No.7527 of 2009 ORDER: Heard Sri B.V. Rama Rao, learned counsel for the petitioner and Sri A. Ramesh, learned counsel representing the Public Prosecutor, who entered appearance for both the respondents. The petitioner is facing prosecution as the third accused in C.C.No.1398 of 2006 on the file of IX Metropolitan Magistrate, Cyberabad, on the allegations that he and three other accused were filling up the public nala illegally and thereby committed offences punishable under Sections 447 and 427 I.P.C. The charge sheet filed after the completion of investigation cites four public servants and two mediators for the scene of offence Panchanama as witnesses to prove the allegations apartfrom the photographer and investigating officer. The petitioner seeks to rely on the absence of any specific reference to overtacts in the Panchanama. But it is seen from the Panchanama that the Panchanama was conducted after the event and the neighbouring landowners were suspected to have committed the crime. The petitioner also claims through the learned counsel that he does not own any land in the vicinity of the nala. But these are questions of fact which have to be enquired into by the trial Court on the oral and documentary evidence to be placed before it and cannot be the subject matter of a restricted enquiry under Section 482 Cr.P.C. The inherent jurisdiction cannot be invoked to make the High Court determine disputed questions of fact by any deep probe. Therefore, the Criminal Petition is dismissed. ______________________ G. BHAVANI PRASAD, J 16th September, 2009 GHN