IN THE HIGH COURT OF JUDICATURE OF ANDHRAPRADESH AT HYDERABAD HONOURABLE SRI JUSTICE SAMUDRALA GOVINDARAJULU CRIMINAL PETITION No.5480 of 2009 DATE: 28.02.2011 Between: L.Rathan Naik and others …… Petitioners And The State of Andhra Pradesh through Public Prosecutor & another …..Respondents HONOURABLE SRI JUSTICE SAMUDRALA GOVINDARAJULU CRIMINAL PETITION No.5480 of 2009 ORDER : The petitioners 1 to 16/A-2 to A-8 and A-10 to A-18 are accused of offences punishable under Sections 147, 448, 427, 436 and 149 I.P.C in P.R.C. No.106 of 2008 on the file of IX Metropolitan Magistrate, Cyberabad at Kukatpally. It is alleged that on 03.08.2008 there was murder of 2 persons by names B.Laxman Nayak and Sankar Nayak and that suspecting the victims herein as the persons who were responsible for the said murders, on 04.08.2008 at about 7.00 hours all the accused unlawfully assembled with common object and criminally trespassed into the houses of the 2nd respondent/defacto- complainant and other victims and indiscriminately ransacked furniture and household articles therein by setting fire and also setting fire to the houses of Hanumanthu Nayak, Sankar Nayak and Krishna Nayak. After recording statements of witnesses, the police filed charge sheet against 18 persons including the petitioners. It is contended that the criminal case is filed against the petitioners for the purpose of harassing them with ulterior motive. It is a case of arson of houses and household articles under some misapprehension. The victims pointed out that it was the accused who committed the offence. It is for the trial Court to decide truth or otherwise of the allegations made against the petitioners after conclusion of trial in which both the parties will be permitted to lead evidence. I do not find any valid or legal reasons to quash the proceedings in this case under Section 482 Cr.P.C. 2) In the result, the Criminal Petition is dismissed. _______________________________ SAMUDRALA GOVINDARAJULU, J February 28, 2011 ksh