HON’BLE SRI JUSTICE RAJA ELANGO CRIMINAL PETITION No.6324 of 2011 ORDER: This Criminal Petition is filed by the petitioners-accused Nos.1 and 2, under Section 482 Cr.P.C., seeking to quash the charge sheet in C.C.No.175 of 2010 on the file of the Special Judicial Magistrate of First Class (Mobile Court), Nellore, taken on file for the offences under Sections 452, 324 r/w 34 IPC. Heard both sides and perused the record. Learned counsel for the petitioners confined his arguments only to the offence punishable under Section 452 IPC. He contended that to attract an offence under Section 452 IPC, there should be preparation to commit the offence and also it should be pre-meditated one. As per the case of the prosecution, on the request made by the complainant, the petitioners went to the photo studio of the complainant where the entire incident took place due to some oral altercation between them. Now, it is apt to refer to Section 452 IPC which runs as follows: “House-trespass after preparation for hurt, or assault or wrongful restraint:- Whoever commits house- trespass, having made preparation for causing hurt to any person or for assaulting any person, or for wrongfully restraining any person, or for putting any person in fear of hurt, or of assault, or of wrongful restraint, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine.” As rightly pointed out by the learned counsel for the petitioners, the entire record does not disclose anything to attract the offence under Section 452 IPC. Accordingly, the Criminal Petition is allowed in part and the charge sheet in C.C.No.175 of 2010 on the file of the Special Judicial Magistrate of First Class (Mobile Court), Nellore, with regard to the charge for the offence under Section 452 IPC is hereby quashed and the learned trial Judge is hereby directed to proceed with the trial against the petitioners with regard to the charge for the offence under Section 324 r/w 34 IPC. Miscellaneous Petitions, if any, shall stand closed. _____________ RAJA ELANGO, J 1st August, 2011 cbs HON’BLE SRI JUSTICE RAJA ELANGO Crl.P.No.6324 of 2011 (Allowed in part) 1st August, 2011 cbs