Criminal proceedings for trespass can proceed despite claims of civil dispute; factual examination is required during trial.

ORAL ORDER

Heard Sri.Samarth S Murthy learned counsel appearing for the petitioners, Sri.Vinay Mahadevaiah, learned HCGP appearing for respondent No.1, Miss Lenita Mathias, learned counsel appearing for respondent No.2 and have perused the material on record.

2. The petitioners are before this Court calling in question proceedings in C.C.No.11012/2022 registered for offences punishable under Sections 427 , 447, 34 of the Indian Penal Code . The petitioners are accused Nos.1 to 4. The 2^nd respondent is the complainant. The complainant and the petitioners are in a squabble with regard to one particular property i.e., Site No.36 in Sy.No.25/3 of Kurudusonnenahalli Village, Bengaluru. Owing to certain allegations of assault, the 2^nd respondent-complainant seeks to register a crime in Crime No.108/2023 for offences punishable under Sections 506, 341, 34, 504 and 323 of the IPC . The police conduct investigation in the said proceedings and file a charge sheet against these petitioners for having trespassed into the property and assaulted the complainant. The charge sheet is not challenged and the trial is on in the said proceedings. The subject complaint forms an earlier complaint to the one that is registered and the trial is on. The allegations are that the petitioners have indulged in criminal trespass and mischief of the property belonging to the 2^nd respondent on the score that the fence that the 2^nd respondent-complainant had erected, has been destroyed by the petitioners and have entered into the property. The police after investigation file a charge sheet in the case at hand as well. Filing of the charge sheet has driven the petitioners to this Court in the subject petition.

3. Learned counsel appearing for the petitioners submits that the proceedings are purely civil in nature and cannot be given a colour of crime and it is an abuse of the process of the law for the complainant to set the criminal law into motion for criminal trespass and mischief. Learned counsel would seek to place reliance upon several judgments rendered on the issue, particularly of this Court where it is said that there cannot be criminal trespass into one's own property and had obliterated the proceedings thereon and seek to place reliance upon several judgments of the Apex Court to contend that the issue which is purely civil in nature cannot be now be given a colour of crime by the respondents.

4. Learned counsel appearing for the complainant would refute the submission by taking this Court through the sale deeds. Learned counsel would contend that the petitioners had sold their portion of the property to one Sri.Nagendra Reddy. The complainant is a purchaser from the hands of Sri.Nagendra Reddy. They are not in possession of the property at all. Not being in possession of the property, they have trespassed into the property, destroyed the fence and therefore, the offence has sprung. After the registration of the impugned crime, the petitioners had trespassed for the second time and the second crime has resulted in a charge sheet and trial is on in the said charge sheet. The learned counsel would contend that the petition be dismissed and trial be permitted to be continued.

5. Learned HCGP would toe the lines of the learned counsel for the complainant contending that the police after investigation have filed a charge sheet and therefore, it is for the petitioners to come out clean in a full blown trial.

6. I have given my anxious consideration to the respective submissions made by the learned counsel and have perused the material on record.

7. The afore-narrated facts are not in dispute. The petitioners are said to be children of a grantee who was granted land under the provisions at the relevant point in time in the year 1964. They claim to be in possession of the sai