Manikanta Ravi v. The State Of Ap., And Another

SMT. JUSTICE T. RAJANI CRIMINAL PETITION No.15068 of 2013 ORDER:

This Criminal Petition under Section 482 of Cr.P.C., is filed seeking to quash the proceedings in C.C.No.271 of 2013 on the file of the Judicial Magistrate of First Class, Mahabubnagar, registered for the offences punishable under Sections 448, 427, 509 and 506 IPC, against the petitioner/accused. 2.

Heard learned counsel for the petitioner/accused and learned Public Prosecutor for the first respondent-State. None appeared for the second respondent/de-facto complainant. 3.

A perusal of the complaint would show that the petitioner entered into the basement constructed by the de-facto complainant in his house and damaged the basement by abusing him and his wife.

4.

Learned counsel for the petitioner submits that taking cognizance against the petitioner is without application of mind. He further submits that the dispute is civil in nature as there was a status-quo order passed in I.A.No.1196 of 2012 in O.S.No.300 of 2012 by the Principal Senior Civil Judge, Mahabubnagar, with regard to the subject property. He also submits that as per the orders of this Court in WPMP No.561 of 2013 in W.P.No.453 of 2013 filed by the wife of petitioner, there was an interim direction, restraining the respondents therein from proceeding with further construction in the said property.

TR,J Crl.P.No.15068 of 2013 5.

But, the orders of status-quo and the interim direction cannot belie the allegations made in the complaint and the charge sheet, as it is possible that the petitioner might have violated the said orders by entering into the basement constructed by the defacto complainant and abused him and his wife. Hence, unless a detailed enquiry is taken up in the form of trial, truth of the matter cannot be decided.

6.

Hence, the Criminal Petition is dismissed. However, the petitioner/accused is at liberty to move a petition for discharge before the trial Court, and on filing such petition, the trial Court is directed to dispose of the same uninfluenced by the observations made in this order. Miscellaneous applications, if any, pending in this criminal petition shall stand dismissed. ______________ T. RAJANI, J 15th November, 2018 sj