THE HON’BLE SRI JUSTICE B. CHANDRA KUMAR CRIMINAL PETITION No.4042 OF 2010 Dated 03-11-2011 Between: Guddeti Siva Sankar Reddy and others. ..Petitioners. And: The State of A.P. represented by its Public Prosecutor, High Court of Andhra Pradesh, Hyderabad and another. … Respondents. THE HON’BLE SRI JUSTICE B. CHANDRA KUMAR CRIMINAL PETITION No.4042 OF 2010 ORDER: 2nd respondent herein is the defacto complainant. The petitioners herein are the accused in Cr.No.75 of 2010 of P.S. Jammalamadugu, Kadapa District, registered for the offences punishable under Sections 324 and 355 read with 34 I.P.C. Heard the learned counsel. Learned counsel for the petitioners submits that the truth or otherwise will come out during the course of investigation and the allegations made against the petitioners are not true. Perused the material available on record. It is alleged by the 2nd respondent that on 27-4- 2010, at about 12.30 P.M., when he reached near elementary school, of Kanneruru, the petitioners herein stopped him and asked him as to why he is moving with others and the 1st petitioner herein is alleged to have thrown him on the ground and drove his motor cycle over the chest of the 2nd respondent. It is further alleged that all the accused abused him in the name of his caste and the 3rd petitioner herein hit him with a cheppal four times on his face causing minor injuries and when others gathered there, he left the place and subsequently, they were admitted in the Government Hospital, Jammalamadugu and when the public gathered there, police recorded their statements. The contents of F.I.R.also go to show that only after receiving intimation from hospital, the police proceeded to the Hospital and recorded the statements of the 2nd respondent (defacto complainant). As seen from the above allegations, specific overt acts have been attributed against the petitioners 1 and 3. As far as abusing is concerned, though omnibus allegations are made against all the petitioners, it appears that 2nd respondent sustained injury and the truth or otherwise of the allegations and the specific overt acts ,if any, against each of the petitioners have to be adjudicated during the course of investigation and hence, I am of the opinion that there is no reason to quash the proceedings. In any case, the Court may exercise its powers under Section 482 Cr.P.C. only when the allegations made in the F.I.R. or the Charge Sheet even if they are admitted as true, do not make out any case against the accused, then only this Court may exercise its powers under Section 482 Cr.P.C. In circumstances where the facts are in dispute and when the allegations make out prima facie case, the proceedings cannot be quashed. Accordingly, this Criminal Petition is dismissed. ____________________ B. CHANDRA KUMAR, J. Date: 03-11-2011 Dvs THE HON’BLE SRI JUSTICE B. CHANDRA KUMAR CRIMINAL PETITION No.4042 OF 2010 Dated 03-11-2011 Dvs