under Sections 447, 509 and 506 read with 34 of I.P.C.= quash the proceedings in C.C.No.290 of 2012 on the file of Additional Judicial First Class Magistrate, Tiruvuru, Krishna District.- as a counterblast to the order passed by the Senior Civil Judge, Nuzvid with regard to attachment of movables lying in the shop of the husband of de facto complainant, the present complaint is lodged.- Whoever enters into or upon property in the possession of another with intent to commit an offence or to intimidate, insult or annoy any person in possession of such property, is said to commit ‘criminal trespass’ under Section 441 of I.P.C., which is punishable under Section 447 of I.P.C. The allegation is that all the petitioners trespassed into the house of de facto complainant, abused her in filthy language and threatened to see her end. Therefore, prima facie case is made out against the petitioners and there are no grounds to allow the petition.

CRLP 81 / 2013

CRLPSR 291 / 2013

PETITIONER RESPONDENT DOSAPATI NARAYANA RAO & 9 OTHERS   VS THE STATE OF AP., & ANOTHER PET.ADV. : PRAVEEN KUMAR VEERJALA RESP.ADV. : PUBLIC PROSECUTOR SUBJECT: U/s.482 Cr.p.c Other offences not covered(Misc.) DISTRICT:  KHAMMAM

FILING DATE:  03-01-2013 POSTING STAGE :  FOR ADMISSION DISPOSED ON  :  04-01-2013  DIS REG. DATE    :   03-01-2013 LISTING DATE :  04-01-2013 STATUS   :  ---------

HON'BLE JUDGE(S): K.C.BHANU

HON’BLE SRI JUSTICE K.C. BHANU

CRIMINAL PETITION No. 81 of 2013

ORDER:

The present petition is filed to quash the proceedings in C.C.No.290 of 2012 on the file of Additional Judicial First Class Magistrate, Tiruvuru, Krishna District.

2.       It is alleged  that  on  01.02.2012 Danda Narayana, Danda Venkanna along with 15 persons suddenly attacked the house of de facto complainant, abused her in filthy language by threatening to kill her and when she raised hue and cry, the neighbours came there and on seeing them, the aforesaid persons ran away. Basing on the complaint, a case was registered under Sections 447, 509 and 506 read with 34 of I.P.C. and  after completion of
investigation, police filed Charge sheet.

3.       The learned counsel for the petitioners contended that no such incident has taken place and as a counterblast to the order passed by the Senior Civil Judge, Nuzvid with regard to attachment  of  movables  lying  in  the shop of  the  husband  of de facto complainant, the present complaint is lodged.

4.       Whoever enters into or upon property in the possession of another with intent to commit an offence or to intimidate, insult or annoy any person in possession of such property, is said to commit ‘criminal trespass’ under Section 441 of I.P.C., which is punishable under Section 447 of I.P.C.  The allegation is that all the petitioners trespassed into the house of de facto complainant, abused her in filthy language and threatened to see her end.  Therefore, prima facie case is made out against the petitioners and there are no grounds to allow the petition. 

5.       The learned counsel for the petitioners prays to dispense with the presence of petitioners before the trial court.  For that purpose, the petitioners have to file an appropriate petition before the trial court, and on filing of such application, the same shall be considered in accordance with law.   

6.         With the above observations, the Criminal Petition is dismissed.

          Criminal Miscellaneous Petitions pending, if any, in this Criminal Petition shall stand dismissed.

_______________________

JUSTICE K.C. BHANU

4^th January, 2013

Anr/PN

                             

 HON’BLE SRI JUSTICE K.C. BHANU

                                                               

                                             

CRIMINAL PETITION No. 81 of 2013

                                                                               

Date: 04.01.2013

                                     

Anr/PN