HON’BLE SRI JUSTICE SAMUDRALA GOVINDARAJULU CRL.PETITION NO.3091 OF 2010 Date: 31.03.2010 Between: Ch.Gangamani and another …..Petitioners And: State of A.P, rep. By its Public Prosecutor High Court of A.P. and another. …..Respondents. HON’BLE SRI JUSTICE SAMUDRALA GOVINDARAJULU CRL.PETITION NO.3091 OF 2010 ORDER: The accused in Crime No.59 of 2010 of Shamirpet Police Station are the petitioners. They are accused of offence punishable under Sections 448, 379 and 506 I.P.C. Subject matter of the alleged trespass is house property which originally belonged to late Dr.Damodar Reddy. The petitioners contend that late Dr.Damodar Reddy brought up the petitioners and constructed the house for their purpose and ultimately died on 13.05.2007 after executing un-registered will dated 10.01.2004 in their favour. On the other hand, the 2nd respondent/defacto-complainant who is the third wife of late Dr.Damodar Reddy claims the house property to her under a registered gift deed executed by late Dr.Damodar Reddy in her favour in the year 2002. It is contended by the petitioners counsel that it is a civil dispute between the parties and the police should not have registered the case against them. Apart from house trespass under Section 448 I.P.C, the 2nd respondent alleges offence punishable under Sections 379 and 506 I.P.C. also against the petitioners. Those penal sections cannot form a civil dispute between the parties. It is for the police to investigate into the crime and find out truth regarding allegations in the report given by the 2nd respondent. This Court under Section 482 Cr.P.C cannot go into truth or falsity of allegations in the F.I.R. This Court does not find any reason to interfere with investigation of the case in these early stages. Hence, the petition is dismissed. _____________________________ SAMUDRALA GOVINDARAJULU, J March 31, 2010 KSH