HON’BLE SRI JUSTICE SAMUDRALA GOVINDA RAJULU CRIMINAL PETITION NO.4578 OF 2010 DATE:02.06.2010 Between: Kakarla Annapoorna Devi and another …….Petitioners And: The State of A.P., rep. By Public Prosecutor and another ……Respondents HON’BLE SRI JUSTICE SAMUDRALA GOVINDA RAJULU CRIMINAL PETITION NO.4578 OF 2010 ORDER: The petitioners 1 and 2/A-1 and A-2 who are wife and husband are accused of offence punishable under Section 420 IPC in Crime No.11 of 2009 of Mylavaram police station of Krishna District. Subject-matter of the dispute is immovable property in respect of which agreement for sale was executed by the 1st accused in favour of the defacto-complainant in the year 2001. It is alleged that the 1st accused did not express her willingness to perform her part of the contract by way of execution of registered sale deed in respect of Ac.22.28 cents in R.S.No.321 and that it was an act of misconduct, malpractice, fraud and dishonest intention of A-1 and A-2. It is further alleged that on 21.01.2009 at 6.30 a.m A-1 and A-2 and their followers rushed with deadly weapons and tried to make attempt on the 2nd respondent and that they gave warning to the 2nd respondent to see end of his life. Even though the private complaint was filed alleging offences under Sections 420, 506, 323/34 IPC, when it was referred to the police for investigation under Section 156(3) Cr.P.C., the police have mischievously registered the FIR only under Section 420 IPC and not under Sections 506 and 323 IPC. Even though the police registered the crime only for offence under Section 420 IPC, this Court or any other Court can look into total averments in the complaint and invoke other penal sections of law which arise out of those allegations. Perhaps, the police may correct their mistake during the course of investigation by investigating into the case with regard to all the allegations and all the penal Sections of law mentioned in the complaint. Truth or otherwise of the incident on 21.01.2009 is a question of fact, which this Court cannot go into in this petition filed under Section 482 Cr.P.C. It is contended by the petitioners’ counsel that subject-matter of the dispute is one of civil nature. It is also a matter for the investigating officer to address himself in the final report. I do not find any valid and legal reasons to stop the investigation at its threshold. In the result, the petition is dismissed. However, the investigating officer is directed not to arrest the petitioners 1 and 2/A-1 and A-2 during investigation. ___________________________________ SAMUDRALA GOVINDA RAJULU,J. Date:02.06.2010. Gk. THE HON'BLE SRI JUSTICE SAMUDRALA GOVINDA RAJULU CRIMINAL PETITION NO.4578 OF 2010 Date:02.06.2010 Gk.