IN THE HIGH COURT OF JUDICATURE OF ANDHRAPRADESH AT HYDERABAD HONOURABLE SRI JUSTICE SAMUDRALA GOVINDARAJULU CRIMINAL PETITION No.8100 of 2009 DATE: 13.10.2011 Between: Shaik Khaja Minuddin …… Petitioner And State by Station House Officer, Guntakal II Town Police Station, Guntakal, Anantapur District and another …..Respondents HONOURABLE SRI JUSTICE SAMUDRALA GOVINDARAJULU CRIMINAL PETITION No.8100 of 2009 ORDER : The petitioner/A-2 is accused of offences punishable under Section 3(1)(x) of the S.Cs and S.Ts (Prevention of atrocities) Act, 1989 and Sections 427 and 506 I.P.C. Previously the petitioner filed Criminal Petition No.7239 of 2007 in this Court along with others and subsequently it was withdrawn on the ground that charge sheet was filed in this case. Now, A-2 alone filed this petition on the ground that the lower Court returned the charge sheet because of pendency of the previous criminal petition. On perusal of contents of F.I.R, it is evident that there are allegations about presence of A-2 along with A-1, A-3 and A-4 at the time of offence and his participation in the offence. It is a question of fact whether A-2 did not participate in the offence. It is a matter to be decided after trial and this Court cannot decide the same in this petition under Section 482 Cr.P.C. The contention that there are no specific allegations against the petitioner cannot be taken into account now because as per allegations in F.I.R all the named accused and others jointly participated in the offence and committed the acts alleged therein. There are no grounds for quashing F.I.R in this case. 2) Accordingly, the petition is dismissed. The petitioner/A-2 may not be arrested, pending further investigation if any, until filing of charge sheet. _______________________________ SAMUDRALA GOVINDARAJULU, J October 13, 2011 ksh