THE HON’BLE SRI JUSTICE N.RAVI SHANKAR CRIMINAL PETITION No.5017 OF 2011 Date: 24.06.2011 Between: Bandikallu Bala Kotaiah and others …..Petitioners And The State of A.P., rep. by S.H.O., I Town Police Station, Narasaraopet, Guntur District, rep. by Public Prosecutor, High Court of A.P., Hyderabad and another …..Respondents THE COURT MADE THE FOLLOWING: THE HON’BLE SRI JUSTICE N.RAVI SHANKAR CRIMINAL PETITION NO.5017 OF 2011 ORDER: Heard learned counsel for the petitioners and learned Additional Public Prosecutor. 2. Petitioners who are four in number are some of the accused in Crime No.90 of 2010 of I Town Police Station, Narasaraopet, Guntur District. The offences alleged are those punishable under Sections 147, 148, 452, 323 and 354 read with 34 I.P.C. The petitioners filed this petition for quashing the F.I.R. in the said case. 3. It is seen that there is an earlier case also registered as Crime No.89 of 2010 in the same police station on the previous night. It is seen that some property disputes are there between the prosecution party and the accused party in each of these two cases. Some of the petitioners herein are stated to be the friends of some of the accused. 4. The learned counsel for the petitioners argued at length about probabilities of the presence of the petitioners at the place of the offence and even the occurrence. But, these are all aspects which fall within the purview of the disputes questions of fact and cannot be decided in this petition under Section 482 of Code of Criminal Procedure. Hence, the relief of quashing the F.I.R. is rejected. 5. It is contended by the learned counsel for the petitioners that petitioners No.1, 3 and 4 having regard to their avocations and dispositions, could not have participated in the occurrence, but this again becomes a disputed question of fact and cannot be accepted in these proceedings. The learned counsel for the petitioners then requested that having regard to the nature of the allegations and also the other case, the police may be directed to take a decision regarding arrest of the petitioners No.1, 3 and 4 having regard to their ages after completion of the investigation. I think this relief can be granted so far as the petitioners No.1, 3 and 4 are concerned, but not to the petitioner No.2. 6. Accordingly, this petition is disposed of at the admission stage with the above direction. ___________________________ JUSTICE N.RAVI SHANKAR 24th June, 2011. Tjmr THE HON’BLE SRI JUSTICE N.RAVI SHANKAR CRIMINAL PETITION NO.5017 OF 2011 DATE: 24.06.2011