IN THE HIGH COURT OF JUDICATURE OF ANDHRA PRADESH : HYDERABAD TUESDAY, THE THIRTIETH (30TH) DAY OF NOVEMBER, TWO THOUSAND AND TEN Present: HON’BLE SRI JUSTICE G.V.SEETHAPATHY Criminal Petition No.11380 of 2010 Between: Meda Varaprasad & 9 others … Petitioners And: State of A.P., rep. by S.H.O., PS Kadiri Town, through its Public Prosecutor, High Court of A.P., Hyderabad & another … Respondents HON’BLE SRI JUSTICE G.V.SEETHAPATHY Criminal Petition No.11380 of 2010 ORDER: This petition is filed under Section 482 Cr.P.C. for quashing FIR against the petitioners in Cr.No.184 of 2010 of PS Kadiri Town, Anantapur district. 2. Heard the learned counsel for the petitioners and the learned Additional Public Prosecutor for the first respondent-State. Perused the record. 3. Based on the complaint given by the 2nd respondent, police registered a case in Cr.No.184 of 2010 for the offences under Sections 324, 147, 148, 397 and 149 IPC. According to the complainant, on the night of 28.09.2010 at about 10 p.m. while he was in Vineel Wine shop, working as Manager thereof, the petitioners along with A.1-MLA, Kadiri, and several others, numbering about 100 came upon their shop and abused him in filthy language and attacked the complainant and other staff, working in the shop, with stones and sticks brought by them in two tipper vehicles and also snatched away cash of Rs.1,20,000/- from the cash counter and took away liquor bottles and other items worth Rs.15 lakhs from the shop, in the vehicles brought by them and assaulted the complainant and one Sudarshan when they tried to rescue the property. Learned counsel for the petitioners would contend that the complaint is in the nature of the counter-blast to the complaint given by the 2nd petitioner herein, which was registered as Cr.No.183 of 2010. Learned counsel for the petitioners further submit that the petitioners herein witnessed the occurrence that took place on the intervening night of 28/29.09.2010, when the complainant herein and his followers attacked the villagers of Allipura Thanda and the petitioners herein have in fact rescued the villagers and admitted them in the Government Hospital, Kadiri and so, they have been falsely implicated in the present case because of their assistance to the victims. 4. The truth or otherwise of the allegations contained in the complaint cannot be gone into at this stage and it is a matter for investigation. In the complaint, the names of the petitioners have been specifically mentioned and specific overt acts of the petitioners have also been stated. The allegations made in the complaint prima-facie attract the ingredients of the offences alleged. Whether or not the petitioners were falsely implicated because of the alleged earlier complaints in Cr.Nos.83 and 183 of 2010 is a matter to be considered only after thorough investigation in to the complaint. 5. Learned counsel for the petitioners would further contend that the petitioners have been assisting the victims of the incident complained in Cr.No.183 of 2010 at the relevant point of time in the Area Hospital, Kadiri and there was no occasion for them to commit the alleged offences covered by FIR No.184 of 2010. In support of the said plea, the petitioners filed copies of the discharge cards issued by Area Hospital, Kadiri. The said discharge cards did not however relate to the petitioners and they are said to be relating to the victims of the assault in Cr.No.183 of 2010. The discharge cards also do not bear the time of admission of the victims on 28.09.10 in the hospital. 6. Be that as it may, the plea of alibi put forward by the petitioners is also a matter to be considered by the Investigating Officer during the course of investigation. It is open to the petitioners to produce before the Investigating Officer, any material or documents in support of their plea of alibi. 7. Having regard to the fact that specific allegations have been made against the petitioners in Cr.No.184 of 2010 prima-facie attracting the ingredients of the offences alleged and having regard to the nature of the offences alleged, it is considered, not a fit case to invoke the inherent powers of the Court under Section 482 Cr.P.C. and quash further investigation in Cr.No.184 of 2010. It is well settled principle that the inherent powers of the Court under Section 482 Cr.P.C. have to be exercised with due care and caution and cannot be invoked to thwart further investigation into the complaint, especially, when there are specific allegations prima-facie attracting the ingredients of the offences alleged. 8. In the result, the criminal petition is dismissed. ____________________ G.V.SEETHAPATHY, J Date: 30.11.2010 bss