PALAKURTHY SRINIVAS Vs. STATE OF TELANGANA

JUDGEMENT

(1.) The present Criminal Petition is filed by the petitioners/ A1 to A3 under Section 482 of Cr.P.C., seeking to quash the proceedings initiated against them in C.C.No.2 of 2017 on the file of the I-Additional Judicial Magistrate of First Class, Warangal.

(2.) The facts in issue are that the 2nd respondent/de facto complainant filed a private complaint against the petitioners/A1 to A3 before the Judicial Magistrate of First Class, Warangal, for the offences punishable under Sections 323, 447, 448, 452, 504 and 506 of I.P.C., which was referred to the police under Section 156 (3) of Cr.P.C. Basing on the said reference, the police, Inthezargunj Police Station, registered a case in Crime No.199 of 2016 and took up investigation. After completion of investigation, the police filed charge sheet, which was taken cognizance as C.C.No.2 of 2017.

(3.) The allegations in the charge sheet are that the 2nd respondent/ de facto complainant is a resident of Kashibugga and his father Adepu Kumaraswamy purchased a house site admeasuring 208 square yards in Sy.No.30/A situated at Laxmipuram Revenue Village, Warangal Town on 16.03.1981 from one Singamsetti Koumraiah and got the same registered. The neighbours i.e., the petitioners/A1 to A3, filed a civil suit before the II-Additional Senior Civil Judge and obtained an ad- interim injunction order in their favour. On 17.04.2016 at about 10.00 A.M., while the 2nd respondent/de facto complainant was at the subject land, the petitioners/A1 to A3, raised quarrel against him and abused him in most filthy language, moreover, they also threatened him by showing the axe that they would kill him. It is also stated that on 08.05.2016 at 11.00 A.M., while the 2nd respondent/de facto complainant was near the above said house site, the petitioners/ A1 to A3 abused him in filthy language and also threatened that they would file a criminal case against him under Scheduled Castes and Scheduled Tribes Act. The police, after investigation, filed charge sheet against the petitioners/A1 to A3 for the offences punishable under Sections 447 and 506 read with Section 34 of I.P.C.