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2006 DIGILAW 199 (AP)

B. Gnaneswar v. State Of A. P.

2006-02-15

P.S.NARAYANA

body2006
( 1 ) THE petitioners filed the present Criminal petition under Section 482 of the Criminal procedure Code (hereinafter in short referred to as "code" for the purpose of convenience) to quash Cr. No. 918/2002 on the file of p. S. Saroornagar, Ranga Reddy District. ( 2 ) AT the instance of the 2nd respondent- defacto complainant, the crime was registered under Section 363 I. P. C. inasmuch as it was stated in the report given to the Station House off icer that the def acto complainant has been in continuous possession and enjoyment of the land in question and he got engaged one m. Sailoo as watchman and the said Sailoo and his wife are residing in the shed raised by him in the said land. It was also stated that on 29-12-2002 when the 2nd respondent-defacto complainant was away, his sister received a phone call from the neighbour that some unsocial elements forcibly had taken away his watchman Sailoo and his wife and son and thereafter at 2 p. m. his sister being an advocate contacted the S. I. of Police and brought to his notice about the said incident and requested him to extend police help. No doubt several other allegations also had been made and other details need not be referred to. ( 3 ) SRI Kanakaiah, the learned Counsel representing the petitioners/accused would maintain that as can be seen from the averments made in the complaint, the report given it is clear that civil disputes are pending and in a matter of this nature inasmuch as this case was just fpisted the same may have to be quashed. The learned Counsel placed reliance on Madhavarao v. Sambhajirao and jithendra K. Mehta v. State ( 4 ) PER contra the learned Additional Public prosecutor Sri Dhanamjaya would contend that when an allegation of kidnapping was made, it is a question of fact which may have to be decided at the appropriate stage and on the mere allegation that the case was foisted due to either enmity or civil disputes, this court cannot interfere by exercising powers under Section 482 of the Code. ( 5 ) HEARD both the Counsel. ( 6 ) AS can be seen from several of the details which had been narrated in paras 1 to 7, it appears that there are certain other disputes. ( 5 ) HEARD both the Counsel. ( 6 ) AS can be seen from several of the details which had been narrated in paras 1 to 7, it appears that there are certain other disputes. The mere fact that there are certain civil disputes by itself always cannot be a ground to quash the proceedings. When specific report was made complaining kidnapping of the watchman, his wife and son, the matter may have to be further investigated and hence though a ground that in view of civil disputes this case had been foisted had been raised, that by itself may not be sufficient to exercise the inherent powers to quash the proceedings, that too at the stage of F. I. R. Viewed from any angle, the Criminal petition is devoid of merit and accordingly the same shall stand dismissed.