THE HON’BLE SRI JUSTICE SAMUDRALA GOVINDARAJULU CRIMINAL PETITION No.5422 of 2009 BETWEEEN: 1. B.Ravindra S/o.Rangaiah & 2 others … Petitioners/Accused AND 1. State of A.P. through Public Prosecutor & another … Respondents/Complainant THE HON’BLE SRI JUSTICE SAMUDRALA GOVINDARAJULU CRIMINAL PETITION No.5422 of 2009 ORDER: The petitioners 1 to 3/A1 to A3 are accused of offences punishable under Sections 447, 427 and 188 I.P.C. in CC.No.1072 of 2009 on the file of IX Metropolitan Magistrate, Cyberabad at Miyapur. It is alleged that the 2nd respondent/defacto complainant purchased plots 29 and 30 of an extent of 587 Sq.yds. in S.Nos.30 and 31 of Guttala Begumpet from A1 under registered sale deed and that subsequently, A1 executed an agreement for sale in favour of Yogendra Kumar and Srihari. It is further alleged that on 13.04.2008 at about 12:00hrs., A1 to A3 along with their henchmen criminally trespassed into the said plots and damaged western side boundary and beat the watchman and that they also erected name boards of one P.L.Raju as well as A2 showing A3 and another as developers for several plots. It is further alleged that the said activity was undertaken by the accused inspite of an injunction order against A2 in I.A.No.203 of 2007 in O.S.No.190 of 2007 of the Additional Junior Civil Judge, Ranga Reddy District dated 24.01.2007 and perpetual injunction granted against A1 in O.S.No.3524 of 2005 dated 21.07.2007 of the Principal Junior Civil Judge, Ranga Reddy District restraining them and their henchmen from interfering with the property in question. 2. Insofar as the offence punishable under Section 188 I.P.C. is concerned, it cannot be taken cognizance by the Magistrate at the instance of either the aggrieved party/victim or the Police. Section 195 Cr.P.C. contemplates filing of a complaint by the Court which passed the order or an authorized officer of the Court to launch the prosecution, for an offence punishable under Section 188 I.P.C. Therefore, the charge sheet filed by the Police alleging the offence under Section 188 IPC is not maintainable in law. 3. Insofar as the offences punishable under Sections 447 and 427 IPC are concerned, admittedly there is a civil dispute pending between the parties in O.S.No.190 of 2007 which is yet to be disposed of. When there is a bonofide civil dispute pending between the parties, filing of charge sheet alleging the said offences is not permissible in law. Though the suit is pending against A2 only, A1 and A3 are stated to be associates of A2. Previously, this Court in Criminal Petition No.969 of 2007 filed by A1 and A3 herein against V.Yogendra Kumar, allowed the Criminal Petition quashing Crime No.17 of 2007 of Madhapur Police Station for the offences under Sections 447, 427 and 506 I.P.C. The dispute pending between the parties is one which is of civil nature and the dispute is pending in the Civil Court also. Therefore, filing of a criminal case in that dispute is nothing but abuse of process of law. 4. In the result, the Criminal Petition is allowed quashing proceeding in CC.No.1072 of 2009 on the file of IX Metropolitan Magistrate, Cyberabad at Miyapur. _____________________________ SAMUDRALA GOVINDARAJULU, J Dated: 28.02.2011 ysk THE HON’BLE SRI JUSTICE SAMUDRALA GOVINDARAJULU CRIMINAL PETITION No.5422 of 2009 DATED: 28.02.2011 ysk