THE HON’BLE SRI JUSTICE N.RAVI SHANKAR CRIMINAL PETITION NO.5328 of 2011 Date: 07.07.2011 Between: Ponugoti Malakonda Reddy …..Petitioner And The State of A.P., rep. by Public Prosecutor, High Court of A.P., Hyderabad & another. …..Respondents THE COURT MADE THE FOLLOWING: THE HON’BLE SRI JUSTICE N.RAVI SHANKAR CRIMINAL PETITION NO.5328 OF 2011 ORDER: Heard Sri Ravindra, learned counsel for the petitioner and also learned Additional Public Prosecutor. 2. The F.I.R. show offences punishable under Sections 307 and 149 I.P.C. The learned counsel for the petitioner pointed out that both the petitioner and de facto complainant were partners and that they also did real estate business earlier and disputes broke out between them and consequently, the 2nd respondent lodged this false case. The question whether the case is a false one or not has to be decided basing on evidence. One circumstance pointed out is that there is enormous delay in giving the F.I.R. and there are also other cases pending. May be, but all these aspects pertain to disputed questions of facts which have to be decided on evidence. In the circumstances, the relief for quashing of F.I.R. is rejected. 3. Having regard to the submissions made by the learned counsel for the petitioner that both the petitioner and the 2nd respondent were partners for some time and having regard to the other cases between them, the police shall take a decision about the arrest of petitioner only after completion of the investigation with due regard to Section 41 Cr.P.C. 4. With the above direction, this petition is disposed of at the admission stage. ___________________________ JUSTICE N.RAVI SHANKAR 7th July, 2011 Tjmr THE HON’BLE SRI JUSTICE N.RAVI SHANKAR CRIMINAL PETITION NO.5328 of 2011 DATE: 07.07.2011