THE HON'BLE SRI JUSTICE S. RAVI KUMAR CRIMINAL PETITION No.3692 of 2012
Date:26.06.2014
Between:
Kolli Venu and another.
. Petitioners.
AND The States By Station House Officer, Inkollu Police Station, rep by its’ Public Prosecutor, High Court of Judicature at Hyderabad for the State of Telangana & the State of Andhra Pradesh and another.
. Respondents.
The Court made the following :
THE HON'BLE SRI JUSTICE S. RAVI KUMAR CRIMINAL PETITION No.3692 of 2012
ORDER:
This petition is filed to quash proceedings in C.C.No.24/2012 on the file of Judicial First Class Magistrate, Parchur, Prakasam District for offences under Sections 447 & 427 IPC.
2. Heard both sides.
3. Advocate for petitioners submitted that dispute between the parties is purely a civil dispute and the petitioners were granted injunction in their favour by the civil Court and submitted that when there is a title dispute, the question of trespassing or causing damage to the property does not arise and this criminal petition is only filed to harass the petitioners.
4. On the other hand, Advocate for second respondent submitted that CMA is preferred by both parties against the orders of the Junior Civil Judge and that CMA filed by the defacto- complainant i.e., second respondent herein was allowed and the CMA filed by the petitioners was dismissed holding that second respondent is in possession of the property and has got title.
5. I have perused the material papers filed along with the quash petition. Police, after due investigation and after examining five witnesses held that the petitioners have trespassed into the land of second respondent herein and damaged standing jowar crop worth about Rs.5,000/- on 26-12-2010. All the documents filed by petitioners are long after this incident and the grounds urged are the defences available to the petitioners, which cannot be decided in a quah petition. On a scrutiny of the material available on record, I am of the view that prima facie case is made out against the petitioners, therefore, the truth or otherwise of the statements of the witnesses have to be decided only during trial.
6. For these reasons, I am of the view that there are no grounds to quash the proceedings therefore, this petition is dismissed as devoid of merits.
7. As a sequel, miscellaneous petitions, if any, pending in this criminal petition, shall stand dismissed.
JUSTICE S. RAVI KUMAR
Date:26.06.2014 mrb