HON'BLE SRI JUSTICE R. SUBHASH REDDY CRIMINAL PETITION No.5495 of 2010 Date : 09.11.2011 Between : Smt. Harijith Kour & others. …..Petitioners And The State of Andhra Pradesh, rep. by Public Prosecutor & another. …..Respondents HON'BLE SRI JUSTICE R. SUBHASH REDDY CRIMINAL PETITION No.5495 of 2010 ORDER : This criminal petition is filed under Section 482 Cr.P.C., for quashing of proceedings in C.C.No.296 of 2009 on the file of the learned Judicial First Class Magistrate, Banswada. On 19.09.2009, the 2nd respondent herein has filed a complaint in P.S. Pitlam, stating that his mother Devunipally Dharmavathi wife of Laxman, has taken handloan of Rs.1,00,000/- at the time of his sister’s marriage from her locality people, namely, the owner of Meerja Opticals, Narsa Reddy, Srinu, Amrutha and Laxmi, who are residents of Kotagalli, Nizamabad, by promising them that she will return the said amount after receiving the compensation amount of her husband. It is alleged in the complaint that on 18.09.2009, at about 17.00 hours, the above persons have kidnapped his mother and sister Sri Laxmi and took them to Nizamabad in qualis vehicle and confined them at Nizamabad and harassed them for recovery of money, therefore, he requested to take action against those who are responsible for kidnapping of his mother and sister. On the aforesaid complaint, investigation was made by the Police by examining several witnesses, and filed a final report stating that the petitioners, who are accused Nos.1 to 5 in the aforesaid crime, have kidnapped LWs.2 and 3, who are the mother and sister of the 2nd respondent/complainant and confined them at Nizamabad on 18th and 19th of September 2009, with a common intention to get back their money. It is stated that the investigation revealed that the petitioners herein have committed offences punishable under Sections 365, 342 and 506 read with 34 of IPC. In this criminal petition, the only argument advanced by the learned counsel for petitioners is that this case is falsely foisted against them. When the investigation conducted by the Police revealed prima facie case punishable under Sections 365, 342 and 506 read with 34 of IPC against the petitioners, who are accused Nos.1 to 5, whether they have committed such offences or not, is a matter for trial before the competent Court. The argument of the learned counsel for petitioners that the accusations are false, is not a ground to quash the proceedings at this stage, more so, when final report is filed, confirming the offences alleged to have been committed by the petitioners. For the aforesaid reasons, I do not find any ground to quash the impugned proceedings at this stage. The criminal petition is accordingly dismissed. ______________________ R. SUBHASH REDDY, J 9th November 2011 ajr