Baikini Kumar Yadav v. L. Anil Kumar

HON'BLE SRI JUSTICE U.DURGA PRASAD RAO CRIMINAL PETITION No.8770 of 2017 ORDER:

This petition is filed by the petitioners/A1 and A2 under Section 482 Cr.P.C seeking to quash the proceedings against them in C.C.No.629 of 2016 on the file of XXIII Metropolitan Magistrate, Rajendranagar, Cyberabad registered for the offences under Sections 447 and 427 IPC.

2) Briefly stating the complaint allegations, petitioners/A1 and A2 trespassed into the complainant's land in Sy.No.132 situated at Himayathnagar village limits and damaged the fencing kaddies inspite of registering Cr.No.247 of 2016 against the 1st petitioner and others regarding the very same land. Basing on the said complaint, the police of Moinabad PS registered a case in Cr.No.271 of 2016 under Sections 447 and 427 IPC and after investigation laid charge sheet and case was registered as C.C.No.629 of 2016 on the file of XXIII Metropolitan Magistrate, Rajendranagar, Cyberabad.

3) Heard both sides.

4) It is seen that charge sheet is filed and after taking cognizance the Court registered the case as C.C.No.629 of 2016. A perusal of the charge sheet discloses a prima facie accusation against the petitioners. As such, it is not a fit case to quash the proceedings.

5) Accordingly, this Criminal Petition is dismissed. As a sequel, miscellaneous petitions pending, if any, shall stand closed.

_________________________ U. DURGA PRASAD RAO, J Date: 25.06.2018 scs