Criminal proceedings cannot be initiated without prima facie evidence of an offence; retaliatory and frivolous complaints abuse judicial process.

1. By the present application filed under S.482 of the Code of Criminal Procedure, the applicant (Original accused No. 13) in Criminal Complaint Case No. 99 of 2010 filed by respondent No. 2 for the offences punishable under S.447, S.448, S.454, S.147, S.148, S.149 and S.427 of Indian Penal Code , seeks the following reliefs :
' (a) to quash the Criminal Complaint Case No. 99 of 2010 (Goverdhan v. Deepak & others) dated 5th October, 2010 (Doct. No.5) filed by the respondent No.2 against the applicant before learned Chief Judicial Magistrate, Gadchiroli;
(b) quash and set aside the impugned order dated 20th November, 2010 (Doct. No. 9) passed by learned Chef Judicial Magistrate, Gadchiroli, in Criminal Complaint Case No. 99 of 2010 (Goverdhan v. Deepak & others).'

2. Brief facts as averred by the applicant leading to filing of the present application are as follows:
The applicant had purchased land bearing survey No. 2 at Mauje Devapur, Talathi Saza No. 15, Murkhala, Gadchiroli, Taluka and District Gadchiroli, vide registered Sale Deed dated 13th June, 1985 from one Laxman Karu Shende. The applicant got the layout plan sanctioned and land diverted after sub-division. The measurements and demarcations have been carried out repeatedly. In 2000-01, the applicant handed over the layout roads of duly developed Survey Nos. 2/1 and 2/2, which are adjacent to Survey No.3/4, claimed to be owned by respondent No.2, to Municipal Council, Gadchiroli. Accordingly, 0.15.78 HR land of Survey No. 2/1 and 0.11.78 HR land of Survey No. 2/2 of the said layouts has been mutated in the name of Municipal Council, Gadchiroli, for maintenance and repairs. The applicant found that the respondent No.2 has closed the layout road, which was handed over to Municipal Council, Gadchiroli, by making an encroachment thereon and so also the respondent No. 2 did not make a construction as per the sanctioned layout plan. This caused prejudice and irreparable loss to the applicant, who owns and possesses layout plots in survey Nos. 2/1 and 2/2. The applicant brought the said fact of encroachment on Municipal road to the notice of authorities concerned including the Municipal Council, Gadchiroli. In December, 2006, in the 'Lokshahi Day' organized at the Collectorate, Gadchiroli, the applicant complained of encroachment made by respondent No.2. Thereafter, on 4th January, 2006, the applicant again made a complaint in respect of the said encroachment to the Collector, Gadchiroli, also. In the 'Lokshahi Day' organized on December, 2008 also, the applicant made a similar complaint. Since 4th January, 2006, the applicant pursued the matter with all the authorities concerned by bringing to their notice the illegal act of encroachment committed by the respondent No. 2 and to remove the same. By letter dated 7th May, 2010, the Collector, Gadchiroli, directed the Chief Officer of Gadchiroli Municipal Council to act on the complaints made by the applicant and to remove the encroachment of respondent No. 2 herein. In the said letter, the Collector observed about the lack of attention by the officials of the Municipal Council to the issue of encroachment. Accordingly on 28th May, 2010 the Municipal Council cleared some portion of encroachment of respondent No.2, and asked the respondent No.2 to remove the remaining encroachment of his own accord within seven days from 28th May, 2010. On 15th July, 2010, the Regional Director of Municipal Administration, Nagpur, sent a letter to the Chief Officer of the Municipal Council calling his explanation as to why the
(a) remaining encroachment was not removed by the Municipal Council and;
(b) respondent No. 2 was asked to clear the encroachment of his own accord.
Respo