O R D E R:

This Criminal Petition is filed by the petitioners/A-1 to A-3, seeking to quash the proceedings in C.C.No.465 of 2019, on the file of XXV Metropolitan Magistrate, Cyberabad at Ibrahimpatnam, registered for the offences under Sections

427, 447, and 384 r/w. 34 of IPC.

2. Heard learned counsel for the petitioners/A-1 to A-3 and Sri M.Vivekananda Reddy, learned Assistant Public Prosecutor for the respondent – State. Perused the record.

3. The 2^nd respondent filed a criminal complaint on 11.11.2018 alleging that petitioners herein have trespassed into the land, which was purchased by him 16 years prior and committed mischief by damaging the board put up in the land. On the basis of the complaint, the Police investigated the case and filed charge sheet mainly on the ground that petitioners have trespassed into the land and warned 2^nd respondent and others and also threatened to part with the money.

4. The petitioners have filed civil suit in the month of September 2018. The said suit was filed for declaration of title and perpetual injunction. After the suit was filed against the 2^nd respondent, who is the 2^nd defendant in the suit, the present complaint was filed.

5. Since the ownership of the said land is in question before the civil Court, the question of trespassing by this petitioner does not arise.

6. Accordingly, the Criminal Petition is allowed and the proceedings in C.C.No.465 of 2019 against the petitioners herein are hereby quashed. Miscellaneous applications pending, if any, shall stand closed.

_________________ K.SURENDER, J