THE HON'BLE SRI JUSTICE N. RAVI SHANKAR CRIMINAL PETITION No.4802 OF 2011 ORDER: In this petition filed under section 482 Cr.P.C. the petitioner is seeking quashing of the FIR in Cr.No.42 of 2011 of P.S.Kanigiri, Nellore District. The allegations of the said FIR do disclose the offences punishable under sections 506 and 509 of IPC and also section 3 (1) (X) of S.Cs & S.Ts (POA) Act. The learned counsel for the petitioner firstly pointed out that there was a promissory note executed in favour of this petitioner and when he demanded that amount this case has been foisted. Secondly, he urged that there is a delay of three days in giving FIR and, thirdly, he pointed that no motive is alleged in the report. It may, however, be noted that the above three points constitute the line of defence of the petitioner and it has to be decided on evidence and cannot be decided in these proceedings. Accordingly the relief for quashing the FIR is rejected. In view of the submissions made by the learned counsel for the petitioner, the police concerned shall keep in view the provisions of section 41 Cr.P.C. before taking a decision about the arrest of the petitioner. This petition is accordingly disposed of at the admission stage. ------------- 04.07.2011 Kvsn