THE HON’BLE SRI JUSTICE P.SWAROOP REDDY CRIMINAL PETITION No.8712 of 2009 Dated : 27.10.2009 Between : Jaggarapu Ramu Naidu ….. Petitioner a n d The State of A.P. & another ….. Respondents THE HON’BLE SRI JUSTICE P.SWAROOP REDDY CRIMINAL PETITION No.8712 OF 2009 ORDER : This criminal petition under Section 482 of the Code of Criminal Procedure is filed by the petitioners/Accused seeking to quash the proceedings in C.C.No.923 of 2008 on the file of the IV Additional Chief Metropolitan Magistrate, Visakhapatnam, for the offence punishable under Sections 341, 323 and 506 of I.P.C. 2) The contention of the learned counsel for the petitioner is that the petitioner, in fact, was the victim in the hands of the defacto complainant/second respondent and the petitioner himself gave complaint to Police, but they referred the same as ‘mistake of fact’ and on the basis of the complaint given by the second respondent registered the present case against him as a counter blast to the case filed by him. 3) Even assuming that all the allegations made by the petitioner are true also, it cannot be said that on the basis of the material available on record, prima facie no case is made out against the present petitioner. The contentions of the petitioner that the allegations leveled against him are false and that the present case is being filed as a counter blast with the active support of the Police, etc. are the matters to be considered by the trial Court during trial. I see no merits in the criminal petition. 4) Accordingly, the criminal petition is dismissed. ______________________ P.SWAROOP REDDY, J 27th October, 2009 sur