THE HON’BLE SRI JUSTICE SAMUDRALA GOVINDARAJU CRIMINAL PETITION No.7097 of 2009 BETWEEEN: 1. M.Appallanaidu, S/o.Late Tatha & 29 others. … Petitioners AND 1. The State of A.P. and another. … Respondents THE HON’BLE SRI JUSTICE SAMUDRALA GOVINDARAJULU CRIMINAL PETITION No.7097 of 2009 ORDER: The petitioners 1 to 30 are accused of offences punishable under Sections 354, 324, 149 I.P.C. in Crime No.120 of 2009 of Anandhapuram Police Station of Visakhapatnam District. This Court while admitting this criminal petition, granted interim stay insofar as the offence punishable under Section 354 I.P.C. is concerned, giving liberty to the police to investigate in respect of other offences. It is stated that after investigation, the police filed charge sheet in this case other than the offence under Section 354 I.P.C. There is a counter case, which is stated to be arising out of the same transaction and the counter case was registered as crime No.121 of 2009 of the same police station. It is stated that the police filed charge sheet in that crime No.121 of 2009 also. Therefore, it has to be seen in this criminal petition whether the allegations in FIR in crime No.120 of 2009 attract ingredients of Section 354 I.P.C. against the petitioners. 2. It is alleged that when the 2nd respondent-de facto complainant went to Sri Bhoolokamatha temple for the festival, 29 persons named in FIR came there armed with sticks, knives and stones and removed her saree and she and her husband Appanna were beaten causing head injuries. The allegation of removing her saree, taken on its face value, does attract the necessary ingredients under Section 354 I.P.C. against 29 persons named therein. It is for the Investigating Officer to go into the question whether the said allegation is true or not. This Court in this petition filed under Section 482 Cr.P.C. cannot go into the said question of fact and to decide the same while exercising the powers under Section 482 Cr.P.C. 3. In the result, the Criminal Petition is dismissed. ____________________________ SAMUDRALA GOVINDARAJULU, J Dated: 18.03.2011 ysk THE HON’BLE SRI JUSTICE SAMUDRALA GOVINDARAJUL CRIMINAL PETITION No.7097 of 2009 DATED: 18.03.2011 ysk