HON’BLE SRI JUSTICE SAMUDRALA GOVINDARAJULU CRIMINAL PETITION NO.3301 OF 2010 Date: 13.04.2010 Between: L. Faizullakhan ……Petitioner And: The State of A.P., rep. by its PP and another ……Respondents. HON’BLE SRI JUSTICE SAMUDRALA GOVINDARAJULU CRIMINAL PETITION NO.3301 OF 2010 ORDER: The petitioner is accused of offences punishable under Sections 354 and 323 IPC in Crime No.51 of 2010 of Dhone Town Police Station. The petitioner is brother of husband of the 2nd respondent/defacto-complainant. Previous case filed by the respondent against her husband under Section 498-A IPC ended in acquittal. Subsequently, the 2nd respondent filed Maintenance Case and obtained maintenance order against her husband for herself and for her minor child. The offence is stated to have taken place when the 2nd respondent went to house of her husband for demanding payment of maintenance amount. It is alleged that when the 2nd respondent went there, her husband was not there and it was informed by the petitioner to the 2nd respondent and that when the 2nd respondent questioned him about the promise made earlier to pay maintenance amount on that day, the petitioner dragged her by catching hold of her saree and made her to fall down and beat her and kicked her. The said allegations, taken on their face value, would prima facie disclose the offences for which FIR was issued. Whether the allegations are true or false or motivated, it is a question of fact which the investigating officer has to conclude basing on evidence to be collected during investigation. This Court cannot grant any relief to the petitioner in this petition. In the result, the petition is dismissed. ___________________________________ SAMUDRALA GOVINDARAJULU,J Date:13.04.2010. Gk. HON’BLE SRI JUSTICE SAMUDRALA GOVINDARAJULU CRIMINAL PETITION NO.3301 OF 2010 Date: 13.04.2010 Gk.