HON’BLE SRI JUSTICE SAMUDRALA GOVINDARAJULU CRIMINAL PETITION NO.3118 OF 2010 Date: 06.04.2010 Between: Mareedu Srinu and 4 others ……Petitioners And: State of AP, rep. by PP and another ……Respondents. HON’BLE SRI JUSTICE SAMUDRALA GOVINDARAJULU CRIMINAL PETITION NO.3118 OF 2010 ORDER: The petitioners 1 to 5 (A-1 to A-5) are accused of offences punishable under Sections 447, 354, 427 IPC and Section 3(1) (xi) of the S.Cs., and S.Ts., (POA) Act. It is alleged that on 18.03.2010 at about 10.00 p.m, A-1 to A-5 trespassed into house of the 2nd respondent/defacto-complainant belonging to Yerukula community, beat her, caught hold of her tuft of hair and tried to press her neck and that when she raised cries, the accused went away. It is contended by the petitioners’ counsel that false case was foisted against the petitioners by the 2nd respondent as counter blast to another report given by the 2nd petitioner to the police on 18.03.2010 itself. It is contended that the site belongs to the 2nd petitioner and that the 2nd respondent encroached into the site unauthorisedly and raised house therein and has been living in it and that now the 2nd petitioner wants to construct his office in that place and that when he demanded the 2nd respondent to vacate the same, there was an incident for which the 2nd petitioner gave the report to the police against the 2nd respondent. Truth or otherwise of allegations mentioned in report given by the 2nd respondent is a question of fact which has to be looked into by the police during investigation when the police will collect evidence therefor. Whether the report in this case is one which is given as counter blast or not, is a matter for appreciation of evidence. Such questions cannot be entertained in this petition filed under Section 482 Cr.P.C. There are no merits in the petition. Hence, the petition is dismissed. ___________________________________ SAMUDRALA GOVINDARAJULU,J Date:06.04.2010. Gk. HON’BLE SRI JUSTICE SAMUDRALA GOVINDARAJULU CRIMINAL PETITION NO.3118 OF 2010 Date: 06.04.2010 Gk.