THE HON'BLE SRI JUSTICE GOPALA KRISHNA TAMADA CRIMINAL PETITION NO.784 OF 2008 ORDER: 1 Complainant is the petitioner herein and he filed the present petition questioning an order dated 17.01.2008 passed in CCSR No.7314 of 2005 on the file of the Court of the Additional Judicial Magistrate of I Class, Kothapet, East Godavari District where by the learned Magistrate dismissed the complaint filed by the complainant under section 203 Cr.P.C. on the ground that there is no material to show that the accused i.e. respondents herein committed the offence. 2 Brief facts are that the complainant filed the said complaint before the court below alleging that on 14.08.2004 the first respondent herein who is the first accused in the said case criminally trespassed into the land of the complainant and forcibly cut away the heads of three palmyrah trees. Then the complainant reported the matter to the Station House Officer, Atreyapuram and he also got photographed the scene of offence. As the police did not take any action he filed the complaint before the court below, which in turn referred the matter to the police for investigation and report. Then the Police registered it as a case in Cr.No.69 of 2004. However, the police without enquiring into the matter properly, referred the case as false and filed a final report to that extent before the court below. Hence the complainant filed the protest petition. The court below having recorded the sworn statement of the complainant and perusing the material available on record, dismissed the said protest petition. Aggrieved thereby the petitioner approached this court and filed the present petition. 3 Heard both sides. 4 Having considered the submissions made by the learned counsel appearing on both sides, it appears that there was an incident on 14.08.2008 and the petitioner herein approached the police and gave a report on the basis of which a case in Cr.No.69 of 2004 was registered against the respondents herein for the offence punishable under section 447, 427 and 506 of IPC. As the investigation was not taken up and no charge sheet was filed, the petitioner filed a private complaint and the court below took cognizance of the offences against the respondents and the same was numbered as C.C.No.459 of 2005. The date of offence as per the said complaint is also 14.08.2004 and the offences alleged are under sections 447, 427 and 506 of IPC. The learned Magistrate having tried the respondents for the said offences and recorded the evidence of PWs.1 to 4 and marking Ex.P1, came to the conclusion that the respondents are not guilty of the said offences for which they were tried and accordingly acquitted them by his judgment dated 13.08.2007. As against the said judgment the petitioner preferred Criminal Appeal No.881 of 2008 and that was also dismissed by this court on 10.09.2009 and it is stated by the learned counsel for the petitioner that he approached the Supreme Court and filed SLP and the same was also dismissed. It appears the police after investigation filed a final report stating that the case is false and the petitioner filed a protest petition and in the said protest petition the order dated 17.01.2008, which is impugned in this Criminal Petition was passed stating that no material is available. As stated supra, the same is under challenge in this petition. 5 The above said facts are not born out from the record. This court, without going into the merits of the order dated 17.01.2008 is of the view that the present protest petition itself is not maintainable for the reason that he already approached the court and filed a private complaint and the same was numbered as C.C.No.459 of 2005, after full fledged trial the court below acquitted the respondents herein and the same was confirmed by this court and the apex Court. 6 Accordingly, I see no merits in this petition and accordingly the same is dismissed. -------------- 01.07.2010 Kvsn