THE HON'BLE SRI JUSTICE P.S.NARAYANA Criminal Petition No.7733 of 2009 15th March, 2010 Between :- Devanaboyena Vegesu .. Petitioner And Pochina Venkateswara Rao And others .. Respondents THE HON'BLE SRI JUSTICE P.S.NARAYANA Criminal Petition No.7733 of 2009 ORDER:- Heard the Counsel on record. 2. The order under challenge reads as hereunder:- “Heard learned APP. Perused the requisition seeking permission to investigate into non-cognizable offences by the Sub-Inspector. I do not see any special reasons to accord permission to investigation officer to investigate into non- cognizable offences. It is for the defacto-complainant to work out his remedies available under the Criminal Procedure Code. Petition is rejected.” 3. It is stated that the petitioner had given a report before the S.H.O., Gudlavelluru against the accused – respondent No.1 to 3 for the offences under Sections 352 and 506 of the Indian Penal Code which are non-cognizable in nature. The police had requested the Addl. J.F.C.M., Gudivada in Crl.M.P.No.3168/2009 to accord permission under Section 155(2) Cr.P.C. to register the crime and further investigate. The learned Magistrate was pleased to reject the requisition made by the police. 4. Further it is stated that the case of the prosecution is that on 30- 7-2009 at about 21.00 hours when the petitioner was sitting on the pial of one K.Sanakra Rao’s house, in the meantime, the 1st respondent along with his son and wife i.e., 2nd and 3rd respondents holding axe and sticks started questioning why he is obstructing the water to his fields and abuse the petitioner in filthy language. The 1st respondent thrown the axe on the petitioner, luckily he escaped and they also threatened to see his end. He was also assaulted by them and the incident was witnessed by the passers who rescued him. 5. It is also further stated that the incident had taken place on 30th night at 9.00 p.m., and by the time he went to give a report to the police on the next day morning, it came to light to the 1st respondent had already given a complaint with false allegations under Section 324 read with 34 I.P.C. in Cr.No.104/09. The petitioner’s complaint was not registered as the offence made out by the police was of non- cognizable in nature. 6. It is further stated that the police, Gudlavalleru had filed requisition in Crl.M.P.No.3168/2009 before the Addl. J.F.C.M., Gudivada seeking permission to register non-cognizable offence as F.I.R. and to take up investigation. However, the said application was rejected. 7. Further it is stated that as the other report given by the respondents in Cr.No.104/2009 for the alleged offence under Section 324 read with 34 I.P.C. is pending in the same police station, it would be easy for the police to investigate and decide the factual aspect. 8. As can be seen from the nature of the order, these aspects which had been raised had not been considered. In the light of the same, the order under challenge is hereby set aside and the matter is remitted the learned Addl. J.F.C.M., Gudivada, to reconsider the aspect in proper perspective in accordance with law. 9. The Criminal Petition is allowed to the extent indicated above. _____________________ Justice P.S.Narayana 15th March, 2010 smr