HON’BLE SRI JUSTICE N.RAVI SHANKAR Crl.P.No. 4765 of 2008 O R D E R: The point that arises for determination in this Criminal Petition, which is filed under Section 482 of the Code of Criminal Procedure, is whether there are grounds to quash the proceedings in Crime No.146 of 2008 of Yemmiganur Police Station. The said case is registered for offences punishable under Sections 307, 324, 448 and 506 IPC. The circumstances which led to the filing of this Criminal Petition can be stated as follows: The above case in the police station was registered on a Court referred complaint. One M.Venkateswarlu, a resident of Yemmiganur, filed a private complaint before the Court of Judicial First Class Magistrate, Yemmiganur alleging the above offences against the petitioners herein showing them as A.1 to A.3 in the said complaint. The complaint is that on 15.06.2008 at about 7.30 A.M., all the three petitioners herein along with four others trespassed into his house and ransacked it when his wife alone was present and when she questioned them, they told her that they came to take away certain gold ornaments which they alleged the de facto complainant herein forcibly took them away from their mother-in-law. The learned Magistrate has referred the said complaint to Yemmiganur police for investigation and report. The plea of the petitioners is that there is a property dispute between them and the de facto complainant and when they took certain steps from their side to protect their rights, the de facto complainant filed this private complaint as a counter blast. Be that as it may, after the matter was referred to to the police for investigation, they have registered a case and took up investigation. The learned counsel for the petitioners pointed out that the learned Magistrate did not apply his mind at all when he referred the complaint to police and that is a good ground for quashing the proceedings. In support of this contention, he placed reliance upon a decision of this Court given i n D.K.Pattanaik and another v Station House Officer, Nallabelly Police Station, allabelly Mandal, Warangal District and another[1]. Several aspects were considered in this decision. But it is also observed in this decision that when a Magistrate refers the matter to Police under Section 156 for investigation, he is bound to show in his order that he has considered the matter and concluded that there is a prima facie case for investigation. What the learned counsel for the petitioners says is that in the present case, no such indication of mind is given by the Magistrate and, therefore, the order referring the matter to police is bad. I am unable to agree with this contention. In the present case, after the matter has been referred to police for investigation, they have registered the case and they took up investigation and it is pending. The allegations in the complaint do disclose offences and it cannot be said that this is a case where the allegations in the complaint do not disclose any offence at all which is pre-requisite for exercising jurisdiction under Section 482 Cr.P.C. The learned counsel for the petitioners repeatedly pointed out that this criminal case arose out of property dispute between the parties and, therefore, this Court should consider that aspect and decide it. May be the property disputes may be the cause for the present case, but that by itself cannot be a ground to hold that the allegations made in the complaint are false and it is not for this Court to pronounce upon the same in these proceedings. The concerned police have to decide about those issues in the investigation. Accordingly, the point is decided against the petitioners and this criminal petition is dismissed. ______________​____ N.RAVI SHANKAR,J 18th March, 2011. PNV [1] 2008(1) ALT (Crl.) 321 (A.P.)