THE HON’BLE SRI JUSTICE N.R.L.NAGESWARA RAO CRL.R.C.NO.355 OF 2009 ORDER: This revision is filed against the order in Crl.M.P.No.3615 of 2008 in C.C.No.30 of 2008 on the file of the Court of IV Additional Junior Civil Judge, Guntur dismissing the application for discharge of the accused. A charge sheet has been filed against the accused persons for an offence under Sections.323, 365, 341, 384 and 506 IPC. The gist of the allegations in the charge sheet is that the complainant had been forcibly taken in an Indica car and he was confined, beaten and some of his properties were taken by the accused persons. The material grounds of the discharge sought before the lower court are failure and laches on the part of the Investigating Officer in not seizing of the some of the properties or recording the confessional statements of the accused. The lower court did not agree with the contentions and dismissed the application. Now the point that arises for consideration is:- Whether the order of the lower court suffers from any infirmity? POINT:- Evidently, the offences under Sections.323, 341 and 365 IPC are relating to the personal attack on the complainant and if such evidence of the complainant is to be believed, then laches of the Investigating Officer may not be material. Evidently, the credibility of the testimony of the complainant has to be tested only during the trial. If the so-called stolen property or property extracting under the threat is not seized, then that can be taken an advantage at the time of trial. Therefore, as matter stands only, on the grounds of laches on the part of the Investigating Officer, the claim of the petitioners for discharge cannot be considered and the lower court has rightly dismissed the application and there is no infirmity in the order of the lower court. Accordingly, the Criminal Revision Case is dismissed. _______________________ N.R.L. NĀGESWARA RĀO,J 28-11-2011 TSNR