IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD TUESDAY, THE TWENTY SECOND OF DECEMBER TWO THOUSAND AND NINE PRESENT: HONOURABLE SRI JUSTICE P. SWAROOP REDDY CRIMINAL PETITION No.2500 OF 2009 Between: 1. Kanagala Venkata Ratna Prasad 2. Kangagala Krishna Kumari 3. Kanagala Swaroop Rani 4. Talluri Subba Rao 5. K. Veeranna ……Petitioners – Accused Nos.1 to 5 AND Smt. Kanagala Aruna Devi & another .....Respondents HONOURABLE SRI JUSTICE P. SWAROOP REDDY CRIMINAL PETITION No.2500 OF 2009 ORDER: This Criminal Petition under Section 482 Cr.P.C. is filed by the petitioners, accused Nos.1 to 5 respectively, seeking to quash the proceedings against them in C.C. No.1610 of 2008 on the file of III Additional Chief Metropolitan Magistrate, Nampally, Hyderabad, filed by the complainant Smt. Kanagala Aruna Devi, respondent No.1 herein, for the offences under Sections 109, 120-B, 403, 406 420 & 425 read with 34 IPC. 2. Heard both sides. 3. The contention of the petitioners is that the impugned complaint is a false one. 4. There is no dispute that the complainant is wife of petitioner No.1. The allegation against the petitioners is of cheating her by all of them. But, the investigating agency reported that the matter is civil in nature and no offence is constituted. 5. As the investigating agency reported that no offence is constituted, the contention of the petitioners is that there is no incriminating material against them, as revealed from the report of the investigation agency and that even the daughter of the complainant did not support her case. 6. All the pleas taken by the petitioners are questions of fact. Even the report of the investigating agency is not that no incident has taken place as alleged by the complainant, but what they stated is that the matter is civil in nature. Further, the allegations are based on documentary evidence. Maybe, on account of disputes between the spouses, several cases were filed and this is one such case. But, still, when there is prima facie material, the impugned proceedings against the petitioners cannot be quashed at this initial stage. 7. In the circumstances, I see no merit in the petition, as such, the same is liable to be dismissed. 8. Therefore, the Criminal Petition is dismissed at the admission stage itself. The petitioners are at liberty to take all the please including the pleas raised in this petition before the trial Court. ____________________ P. SWAROOP REDDY, J December 22, 2009. PV