A civil dispute negates the charge of criminal trespass against the petitioners, while other criminal charges can proceed, highlighting the need for judicial clarity in cognizance orders.

ORDER :

1. The petitioners and respondent no.2-Company have a civil dispute with regard to a property and an original suit is said to be pending in this regard.

2. On the allegation that on 20.04.2014 at about 02.30 p.m. the petitioners came near the scheduled property, trespassed on to the property and threatened the guards of respondent no.2-Company and they held weapons like macchu and donne (matchet and sticks), a complaint was preferred to the jurisdictional Magistrate under Section 200 Cr.P.C and it was prayed that cognizance be taken against the petitioners for the offences punishable under Sections 143 , 144, 147, 406, 420, 447 and 506 of Indian Penal Code, 1860. The said complaint was referred to the police for investigation and the police after due investigation has filed charge sheet in C.C.No.919/2019 on the file of Prl. Civil Judge and JMFC, Anekal, wherein the petitioners are sought to be charged under , 144, 147, 447 and 506 read with Section 149 of IPC . The petitioners are alleged to have committed the following offences as per the Police:

"UNDER SECTIONS 143, 144, 147, 447, 506 R/W 149 IPC A Sale Deed dated 11/06/2010 has been entered into in the name of Witness No.1 on behalf of Confidant Company in respect of 1 Acre 27 Guntas in Sy. No. 2/2 and 2 Acres 04 Guntas in Sy. No. 5/2 of B. Hosahalli Village, Sarjapura Hobli, Anekal Taluk, within the jurisdiction of this Hon'ble Court. On 20/04/2014 the witness No.2 had taken Witnesses No.3 and 4 to the said land and when they were working on the land for developing the same, around 2.30 pm on the same day, the accused A1, A2, A3, A4 and A5 shown in Column No.12 of the charge sheet descended on the said land holding clubs and sickles in their hands and trespassers into the above said land threatened witnesses No.2 to 6 of killing them if they do not stop the work. It has been established from investigation that they pushed Witnesses No.2 to 6 out of the said land and threatened to kill them.

Hence charge sheet has been filed against Accused No.1, 2, 3, 4, 5 under the above said Sections."

Aggrieved by the same, the present petition is filed.

3. The case of the petitioners is that respondent no.2-Company ought to have approached the jurisdictional police and only thereafter if there was a refusal on part of the Police they should have approached the Magistrate and file the complaint. It is further submitted that, admittedly, there is a civil dispute between the parties and a partition suit with a prayer for declaration which is filed by the petitioners is pending. That being the case, the petitioners having a right over the property concerned cannot be blamed for criminal trespass when they visit the property. It is also submitted that there is no injunction order passed by the civil Court against them. It is further submitted that, the entire complaint made against the petitioners is a motivated compliant and an attempt to give a criminal colour for a civil dispute and is filed with the sole intention of demoralizing the petitioners from effectively prosecuting their civil suit. It is also submitted that the order of cognizance taken by the trial Court is without application of mind as it is not a speaking order. On the said ground, it is prayed that the petition be allowed.

4. Per contra, learned High Court Government Pleader appearing for respondent no.1-State and learned counsel for respondent no.2 justify the order passed by the trial Court and pray for dismissal of the petition. It is contended that the petitioners themselves in criminal petition admitted as to ownership of the property of respondent no.2 over the property concerned. It