HON’BLE SRI JUSTICE SAMUDRALA GOVINDARAJULU CRIMINAL PETITION NO.3638 OF 2010 Date: 22.04.2010 Between: M. Srinivas Reddy ……Petitioner And: The State of A.P., rep. by its PP and another ……Respondents. HON’BLE SRI JUSTICE SAMUDRALA GOVINDARAJULU CRIMINAL PETITION NO.3638 OF 2010 ORDER: The petitioner is accused of offence punishable under Section 324 IPC in Crime No.165 of 2009 of Saidabad Police Station, Hyderabad. The 2nd respondent is the defacto-complainant and the injured. There is no dispute that there is strained relationship between the petitioner and the 2nd respondent and both of them are residing separately. On 10.04.2009 at about 5.30 p.m., the offence took place. It is alleged that when the defacto- complainant was going towards Lal Bahadoor Nagar Police Station and reached near Jaya Nagar turning, two persons wearing helmet came on Honda Activa Motor Cycle bearing No.AP 11 AB 4458 and that pillion rider of the Motor Cycle kicked her forcibly, due to which she fell down and sustained bleeding head injury and that those two persons alighted from the Motor Cycle and beat her with iron rods due to which she suffered fracture of her left hand and that they also beat her on other parts of body. In the report the 2nd respondent alleged that she is suspecting the petitioner as responsible for the said incident because she filed dowry harassment case against him in the police station previously. It is contended by the petitioner’s counsel that as per medical report, the 2nd respondent sustained fracture of right hand and not left hand and that false cases have been foisted against the petitioner one after the other and this is one in the same series. Truth or falsity of the case cannot be decided in this petition filed under Section 482 Cr.P.C., as it is a question of fact to be decided by the police during investigation. For whichever hand the petitioner sustained fracture injury, there cannot be any dispute that she sustained fracture of one hand. It is contended that 2nd respondent sustained injuries in motor accident and taking advantage of the same false case is foisted against the petitioner. It is a matter to be investigated into by the police. I do not find any merits in this petition. Hence, the petition is dismissed. ___________________________________ SAMUDRALA GOVINDARAJULU,J Date:22.04.2010. Gk. HON’BLE SRI JUSTICE SAMUDRALA GOVINDARAJULU CRIMINAL PETITION NO.3638 OF 2010 Date: 22.04.2010 Gk.