THE HONOURABLE SRI JUSTICE A.GOPAL REDDY Crl.P.No.7149/2007 Dt.12-8-2010 1. Syed Abdul Hakeem and another. ..Petitioners/A-1 & A-2 V. 1. The State of Andhra Pradesh, represented by its Public Prosecutor, High Court of A.P. Hyderabad and another. ..Respondents The Court made the following: THE HONOURABLE SRI JUSTICE A.GOPAL REDDY Crl.P.No.7149/2007 ORAL ORDER The petitioners, who are arrayed as A-1 and A-2, filed this petition under Section 482 Cr.P.C.,, to quash the proceedings imitated against them in SC No.356/2007 on the file of Assistant Sessions Judge, Adilabad. On lodging the complaint, by the second respondent herein, before the Station House Officer, Adilabad II Town Police Station stating that on 4-4- 2006 at about 9-30 PM, M. A. Hakeem (A-1) and others asked him to come over to Adilabad lodge to have discussions and when the complainant reached there, A-1 started abusing him in filthy language and attacked him and beat him with hands and threatened to kill him with dire consequences, the police registered the same as in Cr.No.45/2006 under Section 290, 324, 506 r/w 34 IPC. After due investigation, police filed the charge sheet for the offences punishable under Sections 290, 307, 506 r/w 34 IPC against the petitioners herein stating that A-1 is the Proprietor of Hyderabad Golden Transport and he complainant is the Agent of the transport at Adilabad; that on 4-4-2006 A-1 and A-2 called the complainant to Adilabad Lodge; and that A-1 and A-2 abused the complainant in filthy language for not showing the transport accounts; further A- 1 and A-2 caught hold of him intentionally and attacked with an intention to kill him by throttling. The charge sheet would further disclose that the Medical Officer who treated the complainant-injured and issued medical certificate has been cited as L.W.6. Learned counsel for the petitioners/accused contends that there is a variance in the statements recorded by the police with that of the complaint lodged by the complainant with the police and the Medical Officer who treated the complainant found that there are no visible injuries on the body of the complainant and vital data found normal. Whether there is a variance in the statements recorded by the police with that of the complaint and whether the Medical Officer not found any visible injuries on the body of the complainant are matters, which can be appreciated during the course of trial, but the same cannot be taken into consideration for quashing the proceedings. Prima facie, the allegations levelled against the petitioners make out a case, for which the prosecution should be given an opportunity to bring home the guilt of the accused, but unfortunately the sessions case has not been disposed of due to stay granted by this court. Further, the contention that there is every likelihood that the sessions case would end in acquittal on the insufficiency of evidence cannot be a ground for quashing the proceedings. The Criminal Petition is accordingly dismissed. ______________ A.GOPAL REDDY,J Dt.12-8-2010 kmr