THE HONOURABLE SRI JUSTICE E.V.VENUGOPAL CRIMINAL PETITION No.8491 OF 2021

ORDER :

This Criminal Petition is filed under Section 482 of Cr.P.C., seeking to quash the proceedings in C.C.No.1493 of 2018 on the file of the learned II Additional Judicial First Class Magistrate, Nizamabad (for short ‘the trial Court’) for the offences under Sections 448 and 427 of Indian Penal Code.

2. Heard Mr.K.Vasantha Rao, learned counsel for the petitioner and Mr.E.Ganesh, learned Assistant public Prosecutor appearing for respondent No.1-State.

3. The brief facts of the case are that on 27.10.2018 at 12.15 hours the complainant lodged a complaint against the petitioner-accused stating that he is doing cloth business, having shelter room No.5-128 at Main road, opposite Markandaiah Temple. On 07.09.2018 in the morning hours, he opened cloth shop and at about 02.30 hours his brother’s wife- petitioner was illegally entered into the shop, cluttered the cloths and damaged the items keeping in view the dispute about agricultural land at Navipet and Nizamabad house. Basing on the said facts, Crime No.139 of 2018 is registered against the petitioner-accused for the offences punishable under Sections 448, 427 of IPC. After completion of investigation charge sheet has been filed before the trial Court against the petitioner-

accused.

4. Learned counsel for the petitioner would submit that a false complaint has been lodged against the petitioner with bald and omnibus allegations. The respondent police had conducted investigation in a mechanical manner, without going into earlier disputes between the de-facto complainant and the petitioner- accused herein, where a criminal complaint has been filed by the de-facto complainant herein as against the petitioner in CC No.1038 of 2011 on the file of the II Additional Judicial Magistrate of First Class, Nizamabad and after conducting trial, the petitioner was acquitted in the said case. Against the said acquittal order, respondent No.2 preferred Criminal Appeal No.48 of 2015 before the learned Sessions Judge, Nizamabad, where the appellate Court vide its judgment dated 30.03.2015 had confirmed the order of the trial Court and dismissed the appeal filed by respondent No.2.

5. It is further submitted that only to take vengeance against the petitioner, the de-facto complainant has filed the present complaint as the accused was acquitted in CC No.1038 of 2011. Except that nothing would subsist to try the petitioner under the criminal law. Furthermore, none of the elders who have conducted panchayat, alleged to have been conducted were neither named nor examined by the respondent police. Except interested witnesses, no other independent witnesses were examined by the respondent police to know the fact of earlier proceedings between the petitioner and the de-facto complainant, therefore, he seeks indulgence of this Court to quash the proceedings against the petitioner-accused.

6. On the other hand, learned Assistant Public Prosecutor would submit that thorough investigation has been conducted by the respondent police in accordance with law and necessary charge sheet has been filed before the learned trial Court under Section 127 of Cr.P.C. It is further submitted that statements of LWs.1 to 13 were recorded in part-II case diary and those witnesses are to be examined during course of trial. Therefore, interference of this Court is not warranted at this stage and seeks to dismiss this criminal petition.

7. Having heard learned counsel for the petitioner and learned Assistant Public Prosecutor, it is apparent that there is suppression of facts about earlier disputes between the de-facto complainant and the petitioner. Earlier complaint on the same set of facts and circumstances was filed by the de-facto complainant in CC No.1038 of 2011 against the petitioner, wherein the petitioner has been arrayed as accused and the petitioner has been acquitted. Aggrieved by the said findings, an appeal has been preferred by the de-facto co