THE HON’BLE SRI JUSTICE K.C.BHANU CRIMINAL PETITION No.2697 of 2009 ORDER: To quash the proceedings in Crime No.388 of 2008 registered for the offences punishable under Sections 177, 471 and 511 IPC on the file of the Station House Officer, Jeedimetla Police Station, Cyberabad Commissionerate, Hyderabad, the present criminal petition is filed. The Commissioner of Police, Cyberabad sent a memo, dated 19.04.2008 to the Station House Officer, Jeedimetla, Hyderabad, stating that the present petitioners applied for re-registration of Arms Licenses and on enquiry, it came to know that they obtained the Arms Licenses by showing false addresses and instructed to register a case. Accordingly, the police registered a case under Sections 177, 471 and 511 IPC. Challenging the same, the present petition is filed. Learned counsel for the petitioners vehemently contended that the District Collector, Khammam, basing on the recommendations of the Superintendent of Police, Khammam, issued Arms Licenses to the petitioners and that it is not the case of the petitioners that the Arms Licenses, which were in their possession, were fabricated or forged and that on verification only, the Arms Licenses were granted. Therefore, continuation of criminal proceedings against the petitioners is nothing but an abuse of process of Court. On the other hand, the learned counsel representing the Public Prosecutor appearing for the respondent – State submitted that during enquiry, it came to know that the petitioners have given false addresses before obtaining Arms Licenses from the competent authority and therefore, a prima facie case has been made out. Whether proper verification was made by the police concerned before issuing licenses or whether the petitioners have furnished false addresses for obtaining Arms Licenses or whether they used any forged documents, which they know or reason to believe to be forged, are required to be investigated by the police during the course of investigation. This, being an extraordinary remedy, can only be exercised, when the allegations in the complaint do not make out a prima facie offence alleged against the petitioners. At this stage, the truth or otherwise of the documents cannot be tested to determine whether the petitioners gave false addresses before obtaining Arms Licenses. Therefore, as the prima facie case has been made out, the question of quashing the complaint does not arise. The Criminal Petition is accordingly, dismissed. _______________ K.C.BHANU, J 8th OCTOBER, 2009. kvni