THE HONOURABLE SRI JUSTICE SAMUDRALA GOVINDARA CRIMINAL PETITION No.9458 of 2009 ORDER: The petitioners 1 to 30/A1 to A30 are accused of offences punishable under Sections 143, 148, 149, 307, 324, 506(Part- II)/149 I.P.C. Private complaint filed by the 2nd respondent was referred to the Police by the Magistrate for investigation under Section 156(3) Cr.P.C. Date of offence in this crime is 29.05.2009. Insofar as an incident which took place on the previous day i.e. on 28.05.2009, case and counter were registered by the Police in Crime Nos.90 of 2009 and 93 of 2009 and charge sheets were filed in both the crimes against the respective accused belonging to both the parties. It appears that there is group rivalry in the village and the present offence is said to have occurred on 29.05.2009. It is alleged that there is a bore well in front of house of Shaik Isa (6th witness) and the entire villagers used to take water from that bore well and that on 29.05.2009, electricity service connection to that bore well was removed from the pole lying in front of A7’s house and that when the 2nd respondent went for reconnecting electricity connection on the pole, A7 and all the other accused came there and beat the 2nd respondent and four others causing fracture of right arm of the 2nd respondent and several injuries to others. 2. It is contended by the petitioners’ counsel that there is delay of five months in registering this case. According to the 2nd respondent, he waited for these five months and since the Police did not take any action on this incident, they filed private complaint before the Magistrate. According to the 2nd respondent, he and other injured went to RIMS Hospital, Adilabad and took treatment both as inpatients and out patients and they sustained injuries with sticks and stones. Since five persons are stated to have sustained injuries in this case out of whom one person sustained grievous injury by way of fracture of Arm, I am of the opinion that investigation of this crime cannot be interfered with at its threshold. It is for the Police to make investigation and to find out as to who out of A1 to A30 really participated in the offence and who out of them were falsely implicated in this offence and proceed with the case accordingly. Since there are as many as thirty accused in the private complaint, the Investigating Officer may resort to arrest of those persons who actually participated in the offence after recording sworn statements of main witnesses who were shown as witness Nos.1 to 6 in the private complaint. 3. Subject to the above observation, the Criminal Petition is dismissed. ______________________________ JUSTICE SAMUDRALA GOVINDARAJULU Dt:31.10.2011 ysk THE HON’BLE SRI JUSTICE SAMUDRALA GOVINDARAJULU CRIMINAL PETITION No.9458 of 2009 Dt:31.10.2011 ysk