HON’BLE SRI JUSTICE SAMUDRALA GOVINDARAJULU CRIMINAL PETITION No.5397 OF 2006 Date: 19.01.2010 Between: K.Ravinder Rao …..Petitioner And: State of A.P., rep. By its Public Prosecutor and another. …..Respondents. HON’BLE SRI JUSTICE SAMUDRALA GOVINDA RAJULU CRIMINAL PETITION No.5397 of 2006 ORDER: This petition is filed by the 2nd accused under Section 482 Cr.P.C for quashing F.I.R in Crime No.391/2006 of Subedari Police Station, Warangal relating to offences punishable under Sections 290, 307, 406, 417, 384, 506 and 34 I.P.C. 2) The 2nd respondent filed private complaint before the 4th Additional Judicial Magistrate of the First Class, Warangal against A-1 to A-4 alleging the above offences. A-2 is father of A-1. A-3 and A-4 are maternal uncles of A-1. It is alleged that marriage between the defacto complainant and A-1 was settled and the settlement became frustrated subsequently. The petitioner wants quashing of F.I.R in this case on the ground that false case was foisted against him because of bad motive. The Magistrate referred the private complaint to the police under Section 156(3) Cr.P.C. for investigation and report. 3) The question whether the 2nd respondent filed false case or a true case is a matter to be gone into after investigation. At the threshold of the case, one cannot expect quashing of F.I.R itself, particularly when there are specific overt acts alleged against the petitioner/A-2 also particularly for offence punishable under Section 307 I.P.C. In para-8 of the complaint, it is specifically alleged that on 16.06.2005 A-2 to A-4 attacked the complainant with an intention to kill him as he was stubborn for the amounts paid by him to the accused. This allegation has to be investigated into before coming to one conclusion or the other by the investigating officer. At this stage, I do not find any valid or legal reasons to quash F.I.R in this case. 4) In the result, the petition is dismissed. ____________________________ SAMUDRALA GOVINDARAJULU, J 19th January, 2010 KSH