HON’BLE SRI JUSTICE SAMUDRALA GOVINDARAJULU CRIMINAL PETITION No.5102 of 2008 Date: July 29, 2010 Between: 1. Budde Ramaswamy and 11 others. … Petitioner And 1. State of A.P., rep. by Public Prosecutor, High Court, Hyderabad and another. … Respondents * * * HON’BLE SRI JUSTICE SAMUDRALA GOVINDARAJULU CRIMINAL PETITION No.5102 of 2008 ORDER: Petitioners 1 to 12 are accused of offences punishable under Sections 447 and 427 IPC in crime No.66 of 2008 on the file of Pothakapally Police Station, Karimnagar District. 2. Subject matter of the offence is Ac.4-37 guntas of land in survey Nos.805/B and 806/B of Odela village. The first petitioner/A-1 filed O.S. No.6 of 2008 on the of the Junior Civil Judge, Sultanabad, and obtained ex parte injunction in I.A. No.14 of 2008 against the second respondent’s mother, Rajeswari, in respect of the same property on 30.01.2008, even prior to the second respondent giving report dated 31.7.2008 to the police. 3. From the orders passed by the civil Court, it is evident that there is a bona fide dispute between the parties with regard to the subject land and the said dispute is pending in civil Court. When A-1 obtained ex parte temporary injunction against the de facto complainant’s mother, it cannot be said that A- 1 and others committed offences of trespass and mischief in the land. Obviously, report given by the second respondent/de facto complainant is one which is in the nature of abuse of process of law. 4. In the result, the criminal petition is allowed quashing F.I.R. in crime No.66 of 2008 of Pothakapalli police station, Karimnagar District. ___________________________________ SAMUDRALA GOVINDARAJULU, J Date: July 29, 2010. BSB