THE HON’BLE SRI JUSTICE SAMUDRALA GOVINDARAJU CRIMINAL PETITION No.6069 of 2009 BETWEEEN: Madakam Parameswara Rao, S/o.Chinna Siramaiah … Petitioner AND 1. State of A.P., rep. by its Public Prosecutor & another. … Respondents THE HON’BLE SRI JUSTICE SAMUDRALA GOVINDARAJULU CRIMINAL PETITION No.6069 of 2009 ORDER: The petitioner is accused of offences punishable under Sections 417 and 376 I.P.C. in Crime No.36 of 2009 of Velairpad Police Station, Khammam District. It is stated that the petitioner was selected as Reserve Sub-Inspector of Police and at that time, the 2nd respondent gave report to the Police. It is alleged that the petitioner and the 2nd respondent loved each other and that on the promise of the petitioner to marry the 2nd respondent, the 2nd respondent submitted herself to the petitioner and both had sexual contacts for the last more than two years and that subsequent to his selection as Reserve Sub-Inspector of Police, the petitioner underwent engagement with another girl and refused to marry the 2nd respondent. The question whether the petitioner obtained consent o the 2nd respondent for sexual intercourse by deception or by factual misconception, is one of fact which this Court cannot go into and decide in this petition filed under Section 482 Cr.P.C. It is a matter for the investigation by the police and conclusion by the investigating Officer after conclusion of evidence. I do not find any valid or legal reasons at this stage to express opinion whether Section 376 I.P.C. is applicable to the facts of this case or not. 2. In the result, the Criminal Petition is dismissed. However, in the circumstances, the investigating officer is directed not to arrest the petitioner till conclusion of trial and filing of final report/charge sheet. _____________________________ SAMUDRALA GOVINDARAJULU, J Dated: 04.03.2011 ysk THE HON’BLE SRI JUSTICE SAMUDRALA GOVINDARAJULU CRIMINAL PETITION No.6069 of 2009 DATED: 04.03.2011 ysk