THE HON’BLE SRI JUSTICE N.RAVI SHANKAR CRIMINAL PETITION NO.4494 of 2011 Date: 04.07.2011 Between: Medisetti Rama Satyanarayana and others …..Petitioners And The State of A.P., rep. by Public Prosecutor, High Court of A.P., Hyderabad and another …..Respondents THE COURT MADE THE FOLLOWING: THE HON’BLE SRI JUSTICE N.RAVI SHANKAR CRIMINAL PETITION NO.4494 OF 2011 ORDER: Heard Sri A.S.C. Bose, learned counsel for the petitioners and also learned Additional Public Prosecutor. 2. Petitioners are accused 1 to 4 in Crime No.72 of 2011 of Annavaram Police Station, East Godavari District. The offences alleged are those punishable under Sections 323 and 506 Part-II read with Section 34 I.P.C. and Section 3 (i) (x) of the Schedule Castes and Schedule Tribes (Prevention of Atrocities) Act, 1989. The allegations in the F.I.R. do disclose above offences against the petitioners. 3. Learned counsel for the petitioners pointed out about the merits of the matter and stated that there is a suit pending which was filed by the petitioner No.1 for recovery of money against the de facto complainant and thereafter the present complaint is given and therefore this itself falsifies the allegations in the complaint. This contention may be true, but whether it is true or not has to be decided on evidence, as it is purely a disputed question of fact. In these circumstances, this petition cannot be entertained and accordingly, the relief for quashing of F.I.R. is rejected. 4. However having regard to the submissions made by the learned counsel for the petitioners, the police are directed to strictly keep in view Section 41 of Cr.P.C. in taking a decision regarding arrest of the petitioners. 5. Accordingly this criminal petition is disposed of at the admission stage. ___________________________ JUSTICE N.RAVI SHANKAR 4th July, 2011. Tjmr THE HON’BLE SRI JUSTICE N.RAVI SHANKAR CRIMINAL PETITION NO.4494 of 2011 DATE: 04.07.2011