THE HON’BLE SRI JUSTICE SAMUDRALA GOVINDARAJULU CRIMINAL PETITION No.4239 of 2009 DATED: 10.02.2011 BETWEEEN: 1. Dr. G.Laxminarayana, S/o. Rajaveeru & another. … Petitioners/Accused Nos.1 &2 AND 1. State of A.P. rep. by Public Prosecutor &another … Respondents/Complainant HON’BLE SRI JUSTICE SAMUDRALA GOVINDARAJULU CRIMINAL PETITION No.4239 of 2009 ORDER: The petitioners 1 and 2, who are father and son, are Doctors. They are accused of offences punishable under Sections 448, 506, 427, 323/34 IPC and Section 3(i)(x) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (in short, the Act) in Crime No.149 of 2009 of Jammikunta Police Station of Karimnagar District. The 2nd respondent/defacto complainant is their neighbour. It is alleged that the petitioners along with others trespassed into the 2nd respondent’s property and demolished a potion of the house under construction and when the 2nd respondent questioned about their high handed acts, they beat her and abused her in the name of her Madiga caste. It is contented by the senior counsel appearing for the petitioners that, previously, the 1st respondent’s mother-in-law by name T.Aruna gave report to the Gram Panchayat authorities complaining against the 2nd respondent’s husbands illegal construction of their house property without permission and by encroaching into the petitioners site and that when the petitioners obstructed construction of property encroaching into their site, a false case was registered against the petitioners with a view to coerce them for some settlement. Truth or falsity of the allegations in the report given by the 2nd respondent to the Police is a question of fact, which this Court cannot go into in this petition filed under Section 482 Cr.P.C. It is for the Investigating Officer to go into those allegations and decide the same. 2. Previously, by order dated 09.12.2010, this Court ordered for completion of investigation within two months and directed the Investigating Officer not to arrest the petitioners till then. It is stated that no final report/charge sheet is filed by the Police till now. Having regard to the dispute between the neighbours, I propose to continue the said order till completion of the investigation. 3. In the result, the petition is dismissed. However, the Investigation Officer is directed not to arrest the petitioners 1 and 2 till completion of the investigation and filing of charge sheet/ final report. _____________________________ SAMUDRALA GOVINDARAJULU, J Dated: 10.02.2011 ysk THE HON’BLE SRI JUSTICE SAMUDRALA GOVINDARAJULU CRIMINAL PETITION No.4239 of 2009 DATED: 10.02.2011 ysk