THE HON’BLE SRI JUSTICE N.R.L. NAGESWARA RAO CRIMINAL PETITION No. 1280 of 2008 ORDER: The present Criminal Petition is filed by the petitioner/A-3 under Section 482 of the Code of Criminal Procedure, 1973 (for short “Cr.P.C.”) to quash the proceedings in C.C.No.176 of 2006 for the offences under Sections 498-A, 448, 324 read with Section 34 of the Indian Penal Code, 1860 (for short “IPC”). The police after investigation have filed the charge sheet and the gist of the charge sheet is that A-1 is the husband of the defacto complainant and there are some disputes with regard to the property and on the intervening night of 1/2.12.2005 at about 11.30 p.m. when she was sleeping, A-1 to A-3 came there and beat her and caused the injuries. A-3 is said to be an associate of A-1. The learned counsel for the petitioner contends that A-3 was on duty and the statements of the neighbours recorded by the police show that no incident has happened. At this stage, the Court has to look into the prima facie statements of the complainant, who is the victim, and also L.W.2, who is the daughter of L.W.1. Both were said to have been beaten by the accused. It is not the case that A-3 is not known to L.W.1. There is absolutely no material, at this stage, to accept that it is a motivated implication. It is not a case where the proceedings are to be quashed a s prima facie material statements of the victims are sufficient to proceed with the trial. The contentions, if any tenable, can be raised at the time of framing of the charge. With the above direction, the Criminal Petition is disposed of. ________________________ N.R.L. NAGESWARA RAO, J Date: 03-11-2011 MR THE HON’BLE SRI JUSTICE N.R.L. NAGESWARA RAO CRIMINAL PETITION No. 1280 of 2008 DATE: 03-11-2011 MR