THE HON'BLE SRI JUSTICE B.SESHASAYANA REDDY Criminal Petition No.1545 of 2009 Date:16th November, 2011 Between: Dr.K.Janardhan Reddy S/o.K.R.S.Reddy ..... Petitioner AND 1) The State of A. P. rep. by its Public Prosecutor, High Court of A.P. Hyderabad & Anr. .....Respondents *** THE HON’BLE SRI JUSTICE B.SESHASAYANA REDDY Criminal Petition No.1545 of 2009 ORDER: This Criminal Petition has been filed under Section 482 Cr.P.C. by Dr.K.Janardhan Reddy to quash the proceeding in C.C.No.323 of 2008 on the file of VIII Additional Chief Metropolitan Magistrate at Hyderabad. 2. The wife of the petitioner and another own the premises bearing Door No.16-2-661/E, F, G & H situated at Judges Colony, Malakpet, Hyderabad, admeasuring 30,000 sq.ft. in the ground, first, second third, fourth and fifth floors. They let out 24,000 sq. ft. in the ground (except consultation room No.3 in ground floor), first, second and third floors along with the fixtures and fittings to M/s.Chethana Hospital, on a monthly rent of Rs.2,50,000/- under lease agreement, dated 28.02.2007. The 2nd respondent herein stated to be the proprietor of Chethana Hospital. He presented a report before the Station House Officer, Chaderghat Police Station, Hyderabad, on 16.02.2008 alleging that on 14.02.2008 at about 11.00 a.m. the petitioner herein came to the hospital and threatened all his staff, abused them in filthy language and removed the name board of the hospital and drove the staff away from the hospital and also locked the hospital. Basing on the said report, the Station House Officer, Chaderghat P.S., Hyderabad, registered a case in Crime No.60 of 2008 for the offences under Sections 341, 506, 448 and 427 IPC and took-up investigation. After completing the investigation, the Sub-Inspector of Police, Chaderghat P.S. laid a charge-sheet in the Court of VIII Additional Chief Metropolitan Magistrate at Hyderabad. The learned Magistrate took the charge-sheet on file as C.C.No.323 of 2008. Hence, this Criminal Petition by the sole accused in the said C.C. to quash the proceeding therein. 3. Heard learned counsel appearing for the petitioner and learned Additional Public Prosecutor appearing for the 1st respondent/State. 4. Learned counsel appearing for the petitioner submits that the 2nd respondent himself vacated the leased premises on 11.02.2008 and therefore, the question of petitioner trespassing into the leased premises does not arise. The learned counsel refers the letter addressed by P.Ramakrishna (LW.2) on 11.02.2008. A further submission has been made that disputes, if any, between the petitioner and the 2nd respondent are purely civil in nature and therefore, invocation of criminal provisions is wholly unwarranted. 5. Learned Additional Public Prosecutor appearing for the 1st respondent/State submits that the statement of witnesses recorded during the investigation clearly establishing that the petitioner trespassed into the leased premises and abused the staff of the hospital in filthy language and removed the name board of the hospital and therefore, it is not a fit case to quash the proceeding in C.C.No.323 of 2008. 6. I have gone through the charge-sheet filed in Crime No.60 of 2008. The investigating officer examined P.Ramakrishna, L.Laxmaiah, N.A. Sattar (Lws.2 to 4) as witnesses to the incident occurred on 14.02.2008. Basing on the statements of the witnesses, the investigating officer came to the conclusion that the accusations leveled against the petitioner have been established. The gist of the statements has been incorporated in the charge-sheet. Such is the material available on record, it cannot be said that the accusations leveled against the petitioner are not well-founded. In that view of the matter, I find that the petitioner failed to make out any valid ground for quashing the proceeding in C.C.No.323 of 2008. 7. Accordingly, the Criminal Petition is dismissed. As a sequel to it, interim stay granted on 17.03.2009 stands vacated. ______________________ B.SESHASAYANA REDDY, J. Date:16th November, 2011. cs THE HON'BLE SRI JUSTICE B.SESHASAYANA REDDY Criminal Petition No.1545 of 2009 Date:16th November, 2011