HON’BLE SRI JUSTICE SAMUDRALA GOVINDARAJULU CRIMINAL PETITION No. 5444 of 2009 O R D E R: The petitioners 1 and 2 /A1 and A2 are accused of offences punishable under Sections 448, 506 and 109 IPC in Crime No. 214 of 2009 of Gajuvaka Police Station of Visakhapatnam City. It is alleged by the 2nd respondent/defacto complainant that on 06-05-2009 at about 8.30 a.m. A1 entered into house of the 2nd respondent while talking on cell phone and informed on cell phone that there were no others in the house and if he comes there the work will be completed. It is further alleged that when A1 was questioned as to who he was and why he entered into the house, A1 disclosed his identity as a person from Kadapa and A2 sent him to the 2nd respondent’s house to find out whether there were anybody in the house or not. It is further stated that when the 2nd respondent caught hold of A1, he abused him and pushed him and went away. 2. It is contended by the petitioners’ counsel that false case was foisted by the 2nd respondent as a counter blast to a petition filed by A2 for restitution of conjugal rights against his wife, who eloped with the 2nd respondent and that this case was foisted with a view to harass the petitioners. Truth or falsity of the allegations contained in FIR cannot be subject matter of this petition filed under Section 482 Cr.P.C. It is a matter which has to be investigated into by the Investigating Officer and to arrive at a conclusion on the basis of material collected during investigation. On perusal of FIR and taking allegations contained therein on their face value, I do not find any valid or legal reasons to quash FIR at this stage and to stall the investigation at its threshold. 3. In the result, the criminal petition is dismissed. ________________________________ SAMUDRALA GOVINDARAJULU Dt: 11-11-2010 Mjl/*