THE HON’BLE SRI JUSTICE SAMUDRALA GOVINDARAJULU CRIMINAL APPEAL No.275 OF 2008 ORDER: The complainant is the appellant. He filed CC No.194 of 2003 in the Court of the Judicial Magistrate of the First Class, Srikakulam against A1 to A9 alleging offences punishable under Sections 147,148, 323, 447, 425, 442, 192, 506, 342/ 34 IPC. After trial, in which PWs 1 to 5 were examined, Exs.P1 to P10 were marked, the lower Court found A1 and A4 guilty of offences punishable under Sections 448 and 426 IPC and convicted them for the said offences and sentenced them to fine of Rs.1,000/- each under Section 448 IPC and Rs.500/- each under Section 426 IPC and acquitted all the other accused. Though the complainant filed this appeal against A1 to A9, Sri NGK Nair, Advocate, who argued the appeal on behalf of the appellants’ Advocate Sri J.Ashok Kumar, stated that he is not arguing the appeal insofar as the finding of acquittal is concerned and that the complainant is aggrieved against imposing of fine only against A1 and A4. According to the appellants’ Advocate, A1 and A4 should have been punished severely for the offences under Sections 448 and 426 IPC by imposing sentence of imprisonment. The complainant as well as A1 and A4 are neighbours in Srikakulam Town. The offence took place in relation to construction of a shed by the complainant’s mother. Previously there was O.S.No.626 of 2002 filed by A4 against the complainant and his mother on the file of II Additional Junior Civil Judge Court, Srikakulam. In that suit, there was status quo order in IA No. 766 of 2002. It is stated that ultimately the suit was dismissed on 22-1-2003 by the Civil Court. Thus, the dispute is more in the nature of a civil matter pertaining to immovable properties of neighbours. A1 and A4 are ladies. Having regard to the above two circumstances, the lower Court exercised its discretion and imposed fine only on A1 and A4 without sentencing them to imprisonment. There is no compulsory imprisonment prescribed in Sections 448 and 426 IPC. It is stated by the respondents’ counsel that appeal is pending in the Sessions Court filed by A1 and A4 against finding of guilt, conviction and sentence of fine against them. No steps are taken for transferring the said appeal to this Court. Therefore, the Sessions Court will deal with the appeal according to law, without being influenced by any observations made herein. In the result, the criminal appeal is dismissed. __________________________________ SAMUDRALA GOVINDARAJULU,J Rkk Dated: 31-1-2011