THE HON’BLE SRI JUSTICE R.SUBHASH REDDY CRIMINAL PETITION No.7991 of 2008 ORDER: Though notice was served on the second respondent, there is no appearance on his behalf. This Criminal Petition is filed under Section 482 Cr.P.C. by the accused in Crime No.61 of 2008 on the file of G.Konduru Police Station, for quashing the proceedings therein. The second respondent is the de facto complainant. On the complaint filed by him, the aforesaid crime is registered for the offences under Sections 353 and 506 IPC read with Section 34 IPC. In the complaint, he stated that he is a single trustee of Sri Rukmini Bhama Sametha Sri Gopalaswamy Vari Temple, Vellaturu Village, G.Konduru Mandal, Krishna District and that he conducted auction of the lands on 09.06.2008. He also stated that when he went to the auctioned land admeasuring Acs.3.70 cents covered by R.S.No.374/2 in favour of the highest bidder, namely, Kuntedi Yesubabu, the petitioners stated to have prevented him from discharging his duties stating that nobody is having a right over the said land except them. On such complaint, aforesaid crime was registered. The petitioners claim that they are in possession of the aforesaid land in the capacity of hereditary archakas of the temple. When the auction was conducted, the petitioners along with another filed Writ Petition No.13078 of 2008. This Court while disposing of the same, directed refund of the monies to the auction purchasers, in view of expiry of the lease period. In this Criminal Petition, it is the case of the petitioners that even taking the complaint as it is, no case is made out to register a case against them and to proceed with the investigation for the alleged offences under Sections 353 and 506 IPC read with Section 34 IPC. I have perused a copy of the complaint filed before the police. In the complaint, which is in Telugu, the second respondent merely stated that when he went to the site to handover the same to the auction purchaser, the petitioners warned himself and the auction purchaser not to enter into the land and threatened them. In this case, it is to be noticed that the petitioners have also filed a civil suit being O.S.No.851 of 2007, which is pending on the file of the learned III Additional Junior Civil Judge, Vijayawada. In the said suit, there was an injunction order in their favour in I.A.No.459 of 2007. This prima facie indicates that they are in possession of the land in question during relevant time. Even taking the complaint as it is, this Court is of the view that it does not attract any of the ingredients of the offences, as alleged, under Sections 353 and 506 IPC. There is no allegation of assault or criminal force so as to proceed with the investigation for the offence under Section 353 IPC. A comprehensive reading of the complaint does not spell out anything with regard to criminal intimidation to proceed with the investigation. For the aforesaid reasons, this Court is of the view that allowing investigation into the aforesaid crime registered against the petitioners amounts to abuse of process as such it is a fit case to quash the same. In that view of the matter, the proceedings in Crime No.61 of 2008 registered against the petitioners on the file of G.Konduru Police Station, Krishna District, are hereby quashed and the Criminal Petition is allowed. ______________________ R.SUBHASH REDDY, J 2nd NOVEMBER, 2011. kvni