THE HON’BLE SRI JUSTICE K.S.APPA RAO Crl.P.No.6217 of 2008 O R D E R: Petitioners-Accused 1 to 4 filed the present Criminal Petition seeking to quash the proceedings in Cr.No.299 of 2008 on the file of Bowenpally Police Station, Secunderabad, whereby they are facing charge for the offences punishable under Sections 34, 109, 191, 193, 203, 420 and 511 IPC. The counsel for the petitioners’ mainly urged that the respondents being the parties in the suit filed the present complaint to harass the petitioners and there are longstanding disputes between them regarding the ancestral property for partition and in spite of the orders passed earlier in civil proceedings, the de facto complainant again resorted to file the present complaint without any new cause of action in Crime No.299 of 2008 and the complaint is nothing but abuse of process of law. He also drew the attention of the Court under Section 195(i)(b) urging that no Court shall take cognizance of the complaint for the offence under Section 209 IPC except on the complaint in writing referred by the Court or by such Officer of the Court as the Court may authorise in writing in this behalf or some other Court, which the Court is supporting. Therefore in the present case the complaint filed by the de facto complainant under Section 209 IPC cannot be investigated in to by the police. The counsel appearing for the contesting respondent urged that there are long standing disputes between the parties and the present petition is filed basing on the voluminous documents on the file of the Civil Courts and those documents should be decided on merits in due course of trial. It is further urged that the petitioners herein obtained stay at the beginning of the investigation, and thereby investigation could not be proceeded with. If the investigation is completed, the truth or otherwise of the contention of the petitioners will be taken note of. Now, the point for consideration is whether there are any grounds to quash the proceedings in Crime No.299 of 2008? A private complaint was filed under Section 200 Cr.P.C. by the de facto complainant for the offence under Sections 34, 109, 191, 193, 209, 420 and Section 511 of IPC and the same was referred under Section 156(3) of Cr.P.C. The main contention of the complainant in 5th paragraph of the complaint is that the petitioners/accused have filed suit through their mother and children suppressing earlier facts in O.S.No.98 of 2007 without any legal entitlement. All the documents and the pleadings in earlier proceedings have been filed before the Court which establish that the accused are dishonestly making false claims, in the Courts with contradicting statements by filing sworn affidavits with all false statements. The learned Magistrate having gone through the contents in the private complaint referred the matter to police under Section 156(3) of Cr.P.C. The petitioners filed the petition at the threshold of the investigation. The police having received the stay orders have not proceeded with the investigation unless a full-fledged enquiry is taken up more particular on the documents annexed to the complaint numbering 17, it is premature to give any finding by exercising the inherent powers under Section 482 Cr.P.C. Accordingly, the Criminal Petition is dismissed as premature. K.S.APPA RAO,J 21st March, 2011. PNV