B.Siva Sankara Rao, J. - (1.)The petitioners are accused Nos.1 & 4 among 5 accused including A.3-Chary since died in CC.No.343 of 2017 on the file of learned XVII Additional Chief Metropolitan Magistrate, Hyderabad, where the learned Magistrate has taken cognizance by order dated 18.04.2017 on the application in MP.No.439 of 2016 filed by the 2nd respondent, who is no other than defacto complainant in crime No.197 of 2014 of Musheerabad Police Station dated 07.05.2014 registered on his report for the offences punishable under Sections 447 & 427 IPC and Section 3(1)(x) of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act (for short 'the Act') and the police after investigation from the crime filed the final report on 18.12.2014 saying no material evidence to sustain the accusation thereby referred as lack of evidence. It is against that referred report from the notice served he raised the protest in Crl.M.P.No.439 of 2016 and from the evidence of him recorded as SW.1 in SR.No.254 of 2016 allotted to the protest petition, that was recorded on 28.03.2017. The learned Magistrate has taken cognizance for the offences punishable under Sections 352 & 355 IPC. Same is the subject matter of impugnment herein.
(2.)Notice sent by RPAD to the 2nd respondent returned as unclaimed is a sufficient service, hence taken as heard and heard learned counsel for the petitioners and learned Public Prosecutor representing the 1st respondent-State and perused the material on record.
(3.)The sum and substance of the accusation in registration of the FIR on 07.05.2014 from the report of the protest petitioner no other than defacto complainant claimed as builder for the premises covered by the Tirumala Towers, Gandhinagar with door No.1-1-593/C as the case may be claimed as SC by caste, that the Tirumala Towers was constructed in 1980-81 and subsequently his father died on 03.06.2011 and he succeeded the same and the residents of Tirumala Towers who purchased plots or tenants as the case may be, having kept quiet all these years encroached illegally vacant land in front of the buildings by cutting off the medicinal plants, organic fruits and organic vegetables growing by him on the site with an ulterior motive to occupy the vacant land for their vehicular parking. It is further averred that he is thinking of undertaking construction of residential plots in that site which is a prime locality and people who are responsible for trespass and cutting away of the plants threatened him with dire consequences by causing serious physical harm as he is alone did not get into serious confrontation with trespassers harmed by them also abused in filthy language of "pora yavadikaina cheppuko yavadu yemi pika ledu" with intend to occupy the land.