THE HON’BLE SRI JUSTICE RAJA ELANGO CRIMINAL PETITION No.8105 of 2011 ORDER: Petitioners/Accused Nos.1 & 2 approached this Court with a prayer to quash the proceedings initiated against them in P.R.C.No.5 of 2011 on the file of Judicial Magistrate of First Class at Tekkali, Srikakulam District, wherein they are facing trial for the offences punishable under Sections 307 and 324 read with Section 34 IPC. Learned counsel for the petitioners submitted that pendency of civil suit between the parties is the reason to foist the present false complaint against the petitioners. He further submitted that the occurrence took place in the field of petitioner No.2/A-2, who obtained injunction order in her favour by a competent Court. He also submitted that the injuries sustained by the de facto complainant are simple in nature. As far as the first contention of learned counsel for the petitioners is concerned, the pendency of civil suit between the parties clearly indicates that the petitioners and the 2nd respondent are related to each other. Further, with regards the second contention that the place of occurrence took place in the fields of A-2 is concerned, this Court is of the view that the same cannot be a ground to quash the proceedings against the petitioners, as the act which caused injury is to be taken into account. As far as the third contention is concerned, to attract the offence under Section 307 IPC., there is no necessity of any injury at all and the question as to whether the injuries sustained by the defacto complainant are simple or grievous in nature does not arise in this petition, as such, the contention of the learned counsel that the injuries sustained by the defacto complainant are simple in nature is not a ground to quash the present complaint. Hence, this Court is not inclined to interfere with the trial at this stage. Hence, the criminal petition is dismissed. In any event, considering the facts and circumstances of the case, the presence of the petitioners before the committal Court as well as the trial Court is dispensed with except on the dates the learned Judge insists for their presence. Miscellaneous petitions, if any, pending in this criminal petition shall stand closed. ____________________ JUSTICE RAJA ELANGO 08.09.2011 v v