IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD THURSDAY, THE ELEVENTH DAY OF NOVEMBER TWO THOUSAND AND TEN PRESENT HONOURABLE SRI JUSTICE SAMUDRALA GOVINDARAJULU CRIMINAL PETITION No.3021 OF 2009 Between: Mr. Koduri Surya Rao & 2 others … PETITIONERS And The State of A.P.& 2 others … RESPONDENTS This Court made the following: HONOURABLE SRI JUSTICE SAMUDRALA GOVINDARAJULU CRIMINAL PETITION No.3021 OF 2009 ORDER: The petitioners 1 to 3/A-1 to A-3 are accused of offences punishable under Sections 323, 352, 427, 447, 506 IPC and Section 3 of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (in short, “the Act”), in P.R.C.No.68 of 2007, on the file of VIII Metropolitan Magistrate, Cyberabad at Rajendranagar. On private complaint filed by the respondents 2 and 3, the Magistrate took the same on file and registered the same as Preliminary Registered Case and issued non-baillable warrants against the petitioners. 2. It is contended by the senior counsel appearing on behalf of the petitioners/accused that there are civil disputes pending in respect of the same subject property and that the owner at whose instance, the respondents 2 and 3 filed the private complaint against the petitioners and that with a view to harass the petitioners, the owner got this false case foisted through two workers who are stated to belong to schedule caste. This Court is of the opinion that truth or falsity of allegations contained in the private complaint cannot be gone into and decided in this petition filed under Section 482 of the Code of Criminal Procedure, 1973, as it is a question of fact to be decided by the trial Court after both the parties leading evidence on their behalf. 3. It is stated by the senior counsel that even though warrants were issued against the petitioners, and even though they obtained stay of arrest in this Criminal Petition, the petitioners have been regularly attending the lower Court on every date of adjournment and that the petitioners apprehend their arrest in pursuance of the warrants pending against them subsequent to disposal of this petition. Subject to giving certain reliefs with regard to the warrants, I do not find any valid or legal reasons to quash the proceedings pending in the lower Court. 4. In the result, the Criminal Petition is dismissed. But however, the lower Court is directed to recall non-baillable warrants pending against the petitioners/A-1 to A-3 on their appearance on the next date of hearing on condition of they furnishing personal bonds for Rs.10,000/- (Rupees ten thousand only) each together with two sureties each for the like some each to its satisfaction. ______________________________ SAMUDRALA GOVINDARAJULU, J November 11, 2010 KL HONOURABLE SRI JUSTICE SAMUDRALA GOVINDARAJULU CRIMINAL PETITION No.3021 OF 2009 November 11, 2010 KL