APHC010225032022 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3396] WEDNESDAY, THE TWENTY NINETH DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL PETITION No. 3403 of 2022 Between: Oguboina Lakshmi and Others ...PETITIONER/ACCUSED(S) AND The State Of Andhra Pradesh and Others ...RESPONDENT/COMPLAINANT(S) Counsel for the Petitioner/accused(S): 1. GORLE GOPALAKRISHNA Counsel for the Respondent/complainant(S): 1. PUBLIC PROSECUTOR (AP) The Court made the following: ORDER: The instant Criminal Petition under Section 482 of the Code of Criminal Procedure, 19731 has been filed, by the Petitioners/A.1 to A.4, seeking to quash the Proceedings against them in CC No.278 of 2020 on the file of the Court of Additional Judicial First Class Magistrate, Yelamanchili, for the offences punishable under Sections 447, 341, 506 and 509 read with 34 of Indian Penal Code. 2. Heard Sri Gopalakrishna Gorle, learned counsel for the Petitioners, Ms.K.Priyanka Lakshmi, learned Assistant Public Prosecutor appearing for respondent No.1/State. Perused the material on record. 1. For short ‘the Code’ 2 3. Learned counsel for the Petitioners would submit that the Petitioners are the absolute owners of the subject property and that with the help of the revenue officials and police officials, Complainant tried to encroach into the land. Learned counsel would submit that Complainant filed civil suit for declaration which was dismissed for default by the civil Court. Keeping grudge, Complainant filed the false criminal case against the petitioners without any basis. Further, the revenue records would reflect the names of the Petitioners and that they are falsely implicated in false case. Learned counsel would submit that except bald and omnibus allegations, no specific overt acts are attributed against them. 4. Learned counsel would further submit that the presence of the Petitioners may be dispensing with before the Trial Court and the Criminal Petition may be disposed of by giving liberty to the Petitioners to raise such contentions before the Trial Court in defence. 5. Considering the submissions made, the Criminal Petition is disposed of and the Petitioners are at liberty to raise the present contentions before the Trial Court in their defence. However, the presence of the Petitioners/A.1 to A.4 before the trial Court is dispensed with, except on the specific dates as directed by the trial Court. Pending applications, if any, shall stand closed. DR.JUSTICE VENKATA JYOTHIRMAI PRATAPA Mjl/* 3 HON’BLE DR. JUSTICE VENKATA JYOTHIRMAI PRATAPA Crl.P.No. 3403 of 2022 29.01.2025 Mjl /*