HON’BLE SRI JUSTICE A. GOPAL REDDY CRIMINAL PETITION No.187 OF 2008 DATE:17-06-2010 BETWEEN P.Phani Kumar & Another …Petitioners AND The State of A.P., Through Station House Officer, Chandanagar Police Station, Cyberabad Rep. by its Public Prosecutor, High Court of A.P. Hyderabad & Another. …Respondents THIS COURT MADE THE FOLLOWING: HON’BLE SRI JUSTICE A. GOPAL REDDY CRIMINAL PETITION No.187 OF 2008 ORDER: This petition under Section 482 of Code of Criminal Procedure, 1973 is filed by A.1 and A.2 to quash the Crime No.16 of 2008, dated 12.1.2008 on the file of Chandanagar Police Station, Cyberabad registered for the offences punishable under Sections 448 and 506 I.P.C. contending that there is no allegation in the complaint that the petitioners trespassed into the house of the second respondent-de facto complainant and threatened him. It is brought to the notice of this Court that A.3 to A.5 in the Crime filed Crl.P.No.337 of 2008 to quash the Crime and the same has already been dismissed by this Court directing the investigating agency to complete the investigation and lay the charge sheet but not to arrest the accused-petitioners therein. The second page of the complaint (which has not been noticed in the typed copy of the neat copy) discloses that at about 11.00 p.m. on 11.1.2008 the petitioners-A.1 and A.2 along with others came to the flat of the de facto complainant, abused the complainant in filthy language, threatened him and tried to attack the inmates of the house including the complainant. Thus the allegations in the complaint prima facie made out a cognizable offence for which, the police are bound to register the crime and investigate into the same. In that view of the matter, no grounds are made out to quash the Crime at the initial stage. However, considering the facts and circumstances of the case, on petitioners giving an undertaking that they would attend the police station for the purpose of investigation as and when they are called by the investigating officer, they shall not be arrested, and after completion of investigation if any offence is made out, the petitioners have to be produced before the Magistrate concerned. The Criminal Petition is disposed of accordingly. _______________ A. GOPAL REDDY, J. JUNE 17, 2010 Tsr.