HON’BLE SRI JUSTICE SAMUDRALA GOVINDARAJULU CRIMINAL PETITION No.10642 of 2009 O R D E R: The petitioners 1 and 2/A.1 and A.2 are accused of offences punishable under Sections 447, 323, 504 and 506 IPC in C.C.No.117 of 2008 on the file of Judicial Magistrate of the First Class, Metpally, Karimnagar District. The second respondent is defacto complainant. Subject matter of dispute between the parties is land of 5 acres 18 guntas in S.No.1285 of Koratla village. There is no dispute that originally the land belonged to Chinthakindi Ganesham and his son Kiran Kumar. Alleging that Chinthakindi Ganesham executed agreement for sale dated 12.10.2004 in respect of the said land in their favour, Kadakuntla Sathyanarayana and Yatam Karunakar filed O.S.No.2 of 2008 on the file of Senior Civil Judge, Jagtial for specific performance of the said agreement for sale and other ancillary reliefs. While so, the second respondent is stated to have obtained registered sale deed for the land from Chinthakindi Ganesham. Therefore, the second respondent/defacto-complainant was also impleaded as the third defendant in O.S.No.2 of 2008. Subsequently the second respondent/defacto-complainant filed private complaint before the Magistrate against A.1 and A.2 and it was referred to the police for investigation and report under Section 156(3) Cr.P.C. After investigation, the police filed the present charge sheet against the petitioners 1 and 2 as A.1 and A.2. It is contended by the petitioners’ counsel that this criminal case is foisted with false allegations as counter blast for O.S.No.2 of 2008 filed by vendors of the petitioners. It is the petitioners’ contention that they have purchased the said land from the above Kadakuntla Sathyanarayana and Yatam Karunakar under another agreement for sale. The above facts may at best serve as a valid defence for the offence under Section 447 IPC alone as there is dispute regarding possession and title with regard to the landed property. At the same time, the said dispute cannot have any bearing on offences punishable under Sections 323, 504 and 506 IPC, which are offences against body. Truth or falsity of the allegations cannot be considered and decided in this petition under Section 482 Cr.P.C. It is a matter for trial before the lower Court. Therefore I do not find any valid or legal reasons to quash proceedings in the lower Court. Hence, the Criminal Petition is dismissed. ________________________ SAMUDRALA GOVINDARAJULU,J 29th September, 2010. PNV