HON’BLE SRI JUSTICE K.C.BHANU CRIMINAL PETITION No.5890 OF 2009 ORDER: This Criminal Petition is filed to quash the proceedings in Crime No.83 of 2009 of the Sabbavaram Police Station, Visakhapatnam District. 2. The allegation of the petitioner is that the present petitioners/A1 to A3 allegedly outraged the modesty of the de facto complainant on 21.03.2009 at about 11.30 p.m. While the de facto complainant was present in the house as her husband has gone out, the petitioners allegedly entered into the house and the petitioner/A1 and his son/A2 abused her in most filthy language and caught hold of her throat and dragged her when she tried to enter into the house and bolted the door and the petitioner/A1 and his two sons, A2 and A3, touched all her private parts with hands and harassed her. The police, Sabbavaram Police Station, registered a case in Crime No.83 of 2009 under Sections 457, 354, 323, 380, 506 r/w 34 of IPC. 3. The learned counsel appearing for the petitioners contended that as the first petitioner/A1 lodged a complaint against the second respondent for the offences under Sections 448, 379, 506 and 3(1)(x) (xv) of SC & ST (Prevention of Atrocities) Act, the present complaint is filed as a counterblast to Crime No.81 of 2009 registered against the husband and brother of the second respondent and that a civil suit i.e., O.S.No.51 of 2009 is also pending on the file of the Senior Civil Judge, Addanki, and therefore, the present complaint is nothing but abuse of process of law. 4. Mere registration of the crime against the de facto complainant at the instance of A1 itself may not be a ground to interfere that the present complaint was lodged as counterblast of the complaint lodged by the first petitioner/A1 against the de facto complainant. Exercising the powers under Section 482 Cr.P.C., the Court has to see whether the uncontraverted allegations made in the report made out a prima facie offence alleged against the petitioners or not. If the allegations made out a prima facie case for a cognizable offence, then it is the statutory duty of the police to conduct investigation. The allegation is that the present petitioners pressed the private parts of the de facto complainant, which prima facie is offence under Section 354 IPC, i.e., outraging the modesty of a woman. Therefore, when the allegations of the complaint made out a prima facie case for the offences alleged, the question of quashing the complaint does not arise. 5. Accordingly, the Criminal Petition is dismissed. ______________ K.C.BHANU, J Dated: 4th August, 2009. KL/KVRM