Andhra Pradesh High Court - Amravati
Alajangi Srinivasa Rao vs The State Of Andhra Pradesh, on 5 October, 2021
Author: Cheekati Manavendranath Roy
Bench: Cheekati Manavendranath Roy
THE HON'BLE SRI JUSTICE CHEEKATI MANAVENDRANATH ROY
CRIMINAL PETITION No.5524 of 2021
ORDER:-
This Criminal Petition under Section 482 of the Code of Criminal Procedure, 1973 (for short "Cr.P.C.") is filed seeking quash of charge sheet in C.C.No.170 of 2019 on the file of learned XVI Additional Metropolitan Magistrate, Bheemili, Visakhapatnam.
2. Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State.
3. The petitioners are A-1 and A-2 in C.C.No.170 of 2019 on the file of learned XVI Additional Metropolitan Magistrate, Bheemili, Visakhapatnam. On a report lodged by the de facto complainant alleging that the petitioners have trespassed into the property of the de facto complainant and committed mischief by causing damage to the property and also threatened the de facto complainant with dire consequences, a case in Crime No.486 of 2018 for the offences punishable under Sections 447, 427, 506(2) r/w 34 of the Indian Penal Code, 1860, was registered against the petitioners. The said crime was investigated and eventually after collecting prima facie evidence in proof of complicity of the petitioners in commission of the said offences, the Investigation Officer has filed charge sheet against the petitioners for the aforesaid offences. The said case is pending trial before the trial Court.
4. Now the petitioners seek quash of the said charge sheet on the ground that the petitioners have been in possession of the 2 property in question as per the certificate issued by the Divisional Cooperative Officer, Visakhapatnam in the month of July, 2021 and as such, the question of trespassing into the said property by the petitioners and causing mischief does not arise.
5. The said factual aspect as to who are in actual physical possession of the property cannot be gone into by this Court in a petition filed under Section 482 of Cr.P.C. The matter requires trial to ascertain the said disputed question of fact as to who is in actual possession of the property in question. This Court also cannot appreciate the evidence that may be adduced by the parties in support of the respective contentions. It is for the trial Court to take a call on the said disputed question of fact and after appreciating the evidence that is adduced before the trial Court in the final adjudication, the trial Court has to ascertain whether any such offence was made out against the petitioners or not. Therefore, at this stage, when the matter is before the trial Court, this Court cannot go into the said disputed question of fact and appreciate the evidence and quash the charge sheet. Therefore, there are no valid legal grounds emanating from the record for the purpose of quashing the charge sheet as sought for by the petitioners.
6. Resultantly, this Criminal Petition is dismissed.
However, it is made clear that the petitioners are at liberty to adduce evidence in the trial Court to prove that they have 3 been in possession of the property and that no offence of trespass and mischief as alleged was committed.
Miscellaneous petitions, if any pending, in the Criminal Petition, shall stand closed.
____________________________________________ JUSTICE CHEEKATI MANAVENDRANATH ROY Date: 05-10-2021 ARR 4 THE HON'BLE SRI JUSTICE CHEEKATI MANAVENDRANATH ROY CRIMINAL PETITION No.5524 of 2021 Date: 05-10-2021 ARR