HON’BLE SRI JUSTICE SAMUDRALA GOVINDARAJULU CRIMINAL PETITION NO.3885 OF 2010 Date: 28.04.2010 Between: S. Mahabub Bee ……Petitioner And: S. Gurrala Shamsheer Basha @ Shamshudin and 4 others ……Respondents. HON’BLE SRI JUSTICE SAMUDRALA GOVINDARAJULU CRIMINAL PETITION NO.3885 OF 2010 ORDER: The petitioner is accused of offences punishable under Sections 292 and 294 IPC in Crime No.68 of 2010 of Kodumur Police Station, Kurnool District. The respondents 1 to 3 filed private complaint before the Magistrate and it was referred to the police for investigation under Section 156(3) Cr.P.C and thereupon the police issued the said FIR. The respondents 1 and 2 are sons and the 3rd respondent is husband of the petitioner. It is alleged that the petitioner was indulging in sexual and indecent activities to the annoyance of the petitioners and other neighbours. It is contended by the petitioner’s counsel that false case was foisted by the respondents 1 to 3 in collusion with the 4th respondent who is the Sub Inspector of Police, Kodumur police station with a view to grab house property standing in the petitioner’s name. It is stated that the petitioner filed OS No.967 of 2009 in Principal Junior Civil Judge, Kurnool and obtained interim injunction from interfering with her possession and enjoyment of the house property and that as a counter-blast for the same, the respondents 1 to 4 hatched a plan and got this case registered against the petitioner. Truth or falsity of allegations in the private complaint cannot be gone into and decided in this petition under Section 482 Cr.P.C., because it is a question of fact. Allegations made in the private complaint taken on their face value do disclose the offences for which the FIR was registered. The complainants/respondents 1 to 3 are no other than husband and two married sons of the petitioner. Since allegations are leveled against the Sub Inspector of Police, Kodumur police station who is the 4th respondent herein, this Court is of the opinion that in the interest of justice, investigation of this matter has to be entrusted to another police officer than the 4th respondent herein. I do not find any merits to quash FIR in this case. In the result, the petition is dismissed. At the same time, it is directed that investigation of Crime No.68 of 2010 of Kodumur police station shall be taken up by the Inspector of Police within whose jurisdiction Kodumur police station is located. ___________________________________ SAMUDRALA GOVINDARAJULU,J Date:28.04.2010. Gk. HON’BLE SRI JUSTICE SAMUDRALA GOVINDARAJULU CRIMINAL PETITION NO.3885 OF 2010 Date: 28.04.2010 Gk.