HON’BLE SRI JUSTICE SAMUDRALA GOVINDARAJULU CRL.PETITION NO.3199 OF 2010 Date:09.04.2010 Between: Mohd.Ashar Raoof, …..Petitioner And: The State of A.P. rep. By Public Prosecutor And another. …..Respondents HON’BLE SRI JUSTICE SAMUDRALA GOVINDARAJULU CRL.PETITION NO.3199 OF 2010 ORDER: The petitioner is accused of offence punishable under Section 324 I.P.C in Crime No.268 of 2010 of Panjagutta Police Station. The 2nd respondent/defacto-complainant is a driver. According to the allegations in report given by the 2nd respondent to the police, the petitioner and others caught hold of him and badly injured him on left elbow, left knee, right knee and other places. It is contention of the petitioner that this false case was foisted by the 2nd respondent as a retaliation for petty case No.645 of 2010 registered by the same police under Section 70(C) of C.P.Act. It is contended by the petitioner’s counsel that the 2nd respondent called the petitioner’s wife by phone to enquire location of her house in order to bring the passenger in his car and began abusing the petitioner’s wife using vulgar language and that on telephonic complaint made by the petitioner to employer of the 2nd respondent, the employer removed the 2nd respondent from employment as driver and that thereafter drivers’ association of the employer made the 2nd respondent to give this false report against the petitioner maliciously. Truth or otherwise of the report in the present case and background for the 2nd respondent for giving this report, are all questions of fact which this Court cannot entertain and decide in this petition under Section 482 Cr.P.C. They are all matters for investigation. The investigating officer after collecting evidence by way of statements from witnesses, will come to a conclusion on the basis of material collected by him. This Court at this stage do not find any valid or legal reasons to forestall the investigation in this petition. There are no merits in this petition. 2) Hence, this petition is dismissed. _________________________________ SAMUDRALA GOVINDA RAJULU, J. April 9, 2009 KSH