HON’BLE SRI JUSTICE N.R.L. NAGESWARA RAO CRIMINAL PETITION No.318 of 2009 Date: November 17, 2011 Between: 1. Chagala Sunil Kumar & another … Petitioners/ Accused Nos.2 & 3 And 1. The State of A.P., rep. By its Public Prosecutor, High Court of A.P., Hyderabad & another. … Respondent/ Complainant * * * HON’BLE SRI JUSTICE N.R.L. NAGESWARA RAO CRIMINAL PETITION No.318 of 2009 O R D E R: This petition is filed by accused 2 and 3 to quash proceeding in C.C. No.1455 of 2008 on the file of I Additional Chief Metropolitan magistrate, Visakhapatnam. 2. The first accused is said to be the husband of the de facto complainant and there were certain disputes between them. On 17.4.2008 at about 6.00 p.m. the petitioners/accused 2 and 3 along with A-1 said to have gone to the house of the father of the de facto complainant, where the de facto complainant is staying and there was some altercation and the present petitioners said to have trespassed into the house and caused damage to the household articles. 3. Learned counsel for the petitioners contends that there is no proof of any damage and the petitioners are falsely implicated. 4. It is not in dispute that a counter complaint in C.C. No.593 of 2008 was filed by the first accused alleging the presence of the petitioners on the same day at Visakhapatnam and on the same date of incident i.e., 17.4.2008 they said to have attacked by the accused persons therein. Therefore, the accused persons being residents of Kadapa have gone to Visakhapatnam and their presence at the scene of offence is admitted and it is only matter of appreciation as to evidence whether the petitioners/accused 2 and 3 have committed any offence or not. When the investigation prima facie discloses triable offences, it is not a case for quashing of the proceedings. 5. The criminal petition is accordingly dismissed. ____________________________ N.R.L. NAGESWARA RAO, J Date: November 17, 2011. BSB