IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD FRIDAY, THE TWENTY SEVENTH DAY OF AUGUST TWO THOUSAND AND TEN PRESENT HONOURABLE SRI JUSTICE SAMUDRALA GOVINDARAJULU CRIMINAL PETITION No.4429 OF 2009 Between: Mohammod Abdul Rahman & 3 others … PETITIONERS And The State of A.P. & another … RESPONDENTS This Court made the following: HONOURABLE SRI JUSTICE SAMUDRALA GOVINDARAJULU CRIMINAL PETITION No.4429 OF 2009 ORDER: 1. The petitioners 1 and 2/A1 and A2 are father and son and they are accused of offences punishable under Section 324 I.P.C. and Section 3 (1) (x) of the SCs & STs (Prevention of Atrocities) Act, 1989. It is alleged that when the second respondent/de facto complainant was taking mangoes from the land in question, A1 and A2 obstructed him, beat him with sticks and abused him touching his madiga caste. Admittedly, there is civil suit O.S.No.289 of 2005 pending in respect of the land in question on the file of Principal Junior Civil Judge, Tiruvuru. 2. It is contended that the second respondent has converted the civil dispute into a criminal dispute. In fact, it was the petitioners who filed criminal case in the first instance in Crime No.94 of 2009 of A.Konduru Police Station on 21.04.2009. Now the second respondent filed this case in the same Police Station as Crime No.97 of 2009. Having regard to facts stated in the F.I.R., this Court is of the opinion that no relief can be given in this petition because truth or otherwise of the allegations, is a question of fact. 3. In the result, the criminal petition is dismissed. However, the Investigating Officer is directed not to arrest the petitioners 1 and 2/A1 and A2 in this crime during investigation and until filing of charge sheet. ______________________________ SAMUDRALA GOVINDARAJULU, J August 27, 2010 KL HONOURABLE SRI JUSTICE SAMUDRALA GOVINDARAJULU CRIMINAL PETITION No.4429 OF 2009 August 27, 2010 KL