HON’BLE SRI JUSTICE G.BHAVANI PRASAD CRIMINAL PETITION No.6547 of 2009 DATED:21.08.2009 Between: B.Subhash .. Petitioner And Smt.B.Pushpa and another .. Respondents HON’BLE SRI JUSTICE G.BHAVANI PRASAD CRIMINAL PETITION No.6547 of 2009 ORDER: Heard Sri G.L.Narasimha Rao, learned counsel for the petitioner, and Sri A.Ramesh, learned counsel representing the learned Public Prosecutor for the second respondent. No notice is being ordered to the first respondent, as the matter is being disposed of at the stage of admission. The Sub Inspector of Police, Women Police Station, Cyberabad, filed charge sheet against the present petitioner under Section 498-A of the Indian Penal Code alleging that the investigation by the statutory investigating agency revealed prima facie physical and mental harassment on the wife by the husband due to being addicted to vices and extra marital affairs with others. While, it is not necessary to replicate the details of the investigation as disclosed by the charge sheet, what the petitioner contends herein is that he is implicated in a case of false allegations and the investigating agency has merely reproduced the allegations in the complaint of the first respondent- wife. The petitioner, of course, is a responsible Police Constable as claimed by him and whether his conduct with his wife is so culpable, as alleged by the prosecution, or so innocent, as claimed by him, is a matter to be enquired into and decided by the trial Court on merits on the oral and documentary evidence placed before it, but not for this court to enquire into and conclude any restricted and summary enquiry in a petition under Section 482 of the Code of Criminal Procedure. As no deep probe into the disputed questions of fact can be indulged in by this Court in exercise of the inherent jurisdiction, which is available only in the rarest of rare cases, and as only disputed questions of fact are involved in this Criminal Petition, the petition cannot be sustained. Accordingly, the Criminal Petition is dismissed. _____________________ G. BHAVANI PRASAD, J 21st August 2009 KH