THE HON’BLE SRI JUSTICE K.C.BHANU CRIMINAL PETITION No.1963 OF 2009 DATED: 12-08-2010 Between 1.U.Rajani Priya and another …Petitioner-A2 and A3 And 1.State of A.P. rep. by Public Prosecutor, High Court of A.P. Hyderabad and another …Respondents-Complainants THE HON’BLE SRI JUSTICE K.C.BHANU CRIMINAL PETITION No.1963 OF 2009 ORDER: This petition is filed under Section 482 Cr.P.C. to quash the complaint in Cr.No.122 of 2009 on the file of Machavaram Police Station, Vijayawada, Krishna District, which was registered of the offences punishable under Sections 448 and 506 r/w 34 IPC. 2. It is alleged in the complaint that on 10-03-2009 at about 7.00 P.M., the petitioners along with the husband of the 2nd respondent and some others went to her house and questioned her children about the 2nd respondent and abused her in filthy language and also threatened with dire consequences with regard to the with drawal of the cases pending in various courts and also on 11-03-2009, she received some threatening calls. 3. Heard both the counsel. 4. Learned counsel for the petitioners contended that the persons against whom criminal intimidation was shown has not given report, that there was a delay of two days in lodging the report and therefore, continuation of proceedings is nothing but abuse of process of law. 5. Under Section 448 IPC whoever enters into the property of another with an intention to cause annoyance to the inmates, then he is liable for punishment. The allegation in the complaint would go to show that the present petitioners trespassed into the house of the complainant and caused annoyance to the inmates of the house by showing knife and also threatened them. No doubt, the de facto complainant is not a witness to the said incident. She came to know about the same through children. They have to be examined by the police during the course of investigation. Simply because the persons against whom criminal intimidation was shown has not filed the complaint, that is not a ground to quash the proceedings. Further with regard to delay, the delay by itself is not a ground to quash the proceedings and it has to be taken as one circumstance during the trial of the case. Therefore, there are no grounds to quash the proceedings. 6. Accordingly, the Criminal Petition is dismissed. The observations, if any, made in this order are only for the purpose of disposal of this petition and uninfluenced by any of the observations, the trial Court shall dispose of the case in accordance with law. ------------------------------- JUSTICE K.C.BHANU DATED:12-08-2010 Hsd