THE HON’BLE SRI JUSTICE SAMUDRALA GOVINDARAJULU CRIMINAL PETITION No.8801 of 2008 ORDER: The petitioner/A1 is accused of offence punishable under Section 394/109/34 I.P.C., along with A2 to A4. A2 is close relation of A1. A3 to A5 are stated to be friends of A2. A1 and the de facto complainant/victim did business jointly and became separated after suffering loss in business. It is alleged that A1 was under the impression that the de facto complainant showed loss in business and cheated him, and therefore hatched a plan with A2 to A5 and that in pursuance of the said plan, A2 secured a car from another and they were waiting for opportunity. On the date of offence, when the de facto complainant went to Bank at Gollala Mamidada and withdrew Rs.50,000/- and was returning to his village on motor cycle, A3 to A5 went in car in opposite direction and dashed motor cycle of the de facto complainant and that when the de facto complainant fell from the motor cycle, A3 took away cash bag from the motor cycle and drove the car away. 2. The de facto complainant is not impleaded in this petition. Though A2 to A5 were shown as respondents 2 to 5, they are described as not necessary to this petition. The contents of the petition and the grounds mentioned therein are nothing but written arguments in main CC to be filed before the Magistrate under Section 314 Cr.P.C. The grounds urged are based on assessment of evidence in this case. This Court cannot undertake the said exercise in this petition under Section 482 Cr.P.C. There is triable case against the petitioner/A1. According to the prosecution, A1 alerted by his cell phone the other accused after coming to know about the de facto complainant going to the Bank for withdrawing money. Cell phone of A1 is also seized. There are no grounds for quashing the proceedings in this case. 3. Hence, the Criminal Petition is dismissed. _______________________________ JUSTICE SAMUDRALA GOVINDARAJULU Dt:17.11.2011 ysk THE HON’BLE SRI JUSTICE SAMUDRALA GOVINDARAJULU CRIMINAL PETITION No.8801 of 2008 Dt:17.11.2011 ysk