3THE HON’BLE SRI JUSTICE P.DURGA PRASAD CRIMINAL PETITION No. 6814 of 2008 DATE: 08-04-2011 Between: Yarneni Srinivasa Rao and 6 others .. Petitioners And State of Andhra Pradesh, represented by the Public Prosecutor, High Court of A.P., Hyderabad. .. Respondents THE HON’BLE SRI JUSTICE P.DURGA PRASAD CRIMINAL PETITION No. 6814 of 2008 ORDER: This Criminal Petition is filed by the petitioners under Section 482 of the Code of Criminal Procedure (for short “Cr.P.C.”) for quashing the proceedings in P.R.C.No.39 of 2008 on the file of the Judicial Magistrate of I Class at Jaggaiahpet, Krishna District. The petitioners along with other accused were prosecuted for the offences under Sections 323, 354, 506, 342 read with Section 34 of the Indian Penal Code, 1860 (for short “IPC”) by the Sub-Inspector of Police, Vatsavai Police Station. The present petitioners are charged for the offences under Sections 323, 506, 342 read with Section 34 of IPC alleging that on 14.04.2008 at about 22.00 hours while the procession of Lord Sri Rama was going on in Talluru Village in connection with Sri Rama Navami festival, A-1 abused L.W.6 Bolla Radha Krishna in filthy language. On coming to know about the same on 15.04.2008 at about 9.00 a.m. L.W.1 Nalajala Durga along with L.W.3 Bolla Purnachandra Rao, Nalajala Hanumantha Rao, Vanama Raja Rao went to the fields of A-1 and questioned his behaviour, then A-1 pushed his motorcycle on L.W.1 Nalajala Durga and when she fell down he assaulted her by pulling her saree and beat her with hands. At that juncture, A-2 to A-8, who are the present petitioners, came in support of A-1 having armed with sticks wrongfully confined Nalajala Durga and Nalajala Hanumantha Rao in the fields itself and threatened with dire consequences. The said incident witnessed by Bolla Purnachandra Rao, Nalajala Srinivasa Rao and Vanama Raja Rao. Heard the learned counsel for the petitioners. The learned counsel for the petitioners has pleaded that the allegations made in the charge sheet are only omnibus allegations and no specific overt acts of the accused were mentioned in the charge sheet and the incident has taken place due to the previous grudge, due to which the false complaint was lodged against the present petitioners. For the purpose of quashing the proceedings, the averments made in the charge sheet are to be looked into. As per the charge sheet, the allegations made against the present petitioners are that they came in support of A-1 armed with sticks and wrongfully confined Nalajala Durga and Nalajala Hanumantha Rao in the fields and threatened with dire consequences. The said allegations attract the ingredients of the offences under Section 342 and 506 of IPC. The truth or otherwise has to be ascertained during the course of trial. At this stage, as per the said allegations, it is not a fit case to quash the proceedings against the present petitioners in P.R.C.No.39 of 2008 on the file of the Judicial Magistrate of I Class at Jaggaiahpet, Krishna District. In the result, the Criminal Petition is dismissed. ___________________ P.DURGA PRASAD, J 08-04-2011 MR THE HON’BLE SRI JUSTICE P.DURGA PRASAD CRIMINAL PETITION No. 6814 of 2008 DATE: 08-04-2011 MR