HON'BLE SRI JUSTICE R. SUBHASH REDDY CRIMINAL PETITION No.2209 of 2010 Date : 09.11.2011 Between : Devunipally Srinivas & others. …..Petitioners And Smt. Harjith Kaur & another. …..Respondents HON'BLE SRI JUSTICE R. SUBHASH REDDY CRIMINAL PETITION No.2209 of 2010 ORDER : The petitioners are accused in crime No.37 of 2010 on the file of I-Town Police Station, Nizamabad. In this criminal petition, they are seeking to quash the said proceedings. The 2nd respondent/complainant has filed a private complaint before the learned I Additional Judicial Magistrate of First Class, Nizamabad, against the petitioners herein, alleging that the 2nd petitioner herein has approached her and requested to lend an amount of Rs.50,000/- and has executed certain documents to ensure payment of such amount. It is alleged that when the 2nd respondent has requested petitioners 1 and 2 to repay the said amount, they did not repay the same and have threatened the complainant. In the complaint, it is further alleged that on 23.11.2009 at about 6 p.m., all the accused, who are petitioners herein, have trespassed in to the house of the complainant, abused her in filthy language and beat her with hands and created nuisance in the locality and also extorted an amount of Rs.1,500/-. When such complaint is referred to the Police under Section 156(3) Cr.P.C., a crime is registered in Crime No.37 of 2010 for the offences under Sections 290, 448, 384, 420 and 506 of IPC read with Section 34 IPC. In this criminal petition, it is the case of the petitioners that in view of the complaint filed by the petitioners herein against the 2nd respondent herein and others in Crime No.84 of 2009 on the file of Pitlam Police Station, the present complaint is filed against them only as a counter blast to the earlier complaint, and in that view of the matter, the impugned proceedings are liable to be quashed. It is true that the 1st petitioner is complainant in Crime No.84 of 2009, which is registered against respondent No.2 and others for the alleged offences under Sections 363, 342 and 506 read with Section 34 of IPC, but when it is categorically alleged by the 2nd respondent in her complaint that on 23.11.2009, all the accused have trespassed into her house, abused her in filthy language and beat her and caused public nuisance apart from extorting an amount of Rs.1,500/-, it is a matter for investigation. Merely because there was an earlier complaint filed by the 1st petitioner in Crime No.84 of 2009, that by itself, is no ground for quashing the proceedings at this stage. In that view of the matter, I do not find any ground for quashing of proceedings at this stage. For the aforesaid reasons, this criminal petition is devoid of merit and it is accordingly dismissed. ______________________ R. SUBHASH REDDY, J 9th November 2011 ajr