CHILLAKUR VENUGOPAL REDDY Vs. KOTA REDDY SYAMASUNDARA REDDY

JUDGEMENT

(1.) THIS Criminal Petition is filed under section 482 Cr. P. C. to quash the proceedings in C. C. No. 821 of 2006 on the file of the ii Additional Judicial First Class Magistrate, nellore. The petitioners herein are A-1 to A-5 in the C. C.

(2.) A private complaint has been lodged by the first respondent herein for the offences undersections120-B,500and 501 IPC against the petitioners, alleging that he apart from his wife sustained loss of reputation and also got defamed with the filing of the Original Suit no. 216 of 2004 on the file of the III Additional junior Civil Judge, Nellore to pass a decree to desist from committing illegal acts; that the same was filed to bore grudge against the wife of the first respondent for which the root cause was the complaint againstthe third respondent herein for removal of illegal constructions by violating the original sanctioned plan in B A. No. 22/2001 depriving the flat owners o thair free ingress and egress and coercing trouble that apart from that, a big pent house in 6th floor was also constructed without permission and approval of municipal authorities which constrained wife of the complainant to issue notice to the builder i. e. third petitioner herein. further move the Hon'ble High Court in Writ petition No. 2392 of 2004, that A-1 to A-4. thinking the complaint and his family are responsible for applying a brake to this illegal and unlawful acts, have conspired and hatched a plan to destroy the complainant and his wife name and fame by resorting to filing of false petitions to the police as if the complainant's wife is indulging in brothel business; that the petitioners herein were still bent upon to seek vengeance on the first respondent and his wife and resorted to sending such false petitions to the Superintendentof Police, Nellore. Toquash the same, the present Criminal Petition is filed.

(3.) THE learned counsel for the petitioners contended that, no prima facie case is made out for the offences under Sections 500 and 501 IPC that, the allegations made in the complaint do not make out commission of any criminal offence; that, the present criminal complaint is filed as a counter blast to the suit instituted long ago and therefore, he prayed to quash the impugned order.