THE HON’BLE SRI JUSTICE R.KANTHA RAO. CRL.PETITION No. 8990 of 2010. ORDER: This criminal petition is filed under Section 482 Cr.P.C. seeking to quash the FIR No. 79 of 2010 on the file of P.S. Sirikonda, Nizamabad District registered for the offence under Section 420 IPC against the petitioners. I have heard the learned Counsel appearing for the petitioners and the learned Public Prosecutor representing the State. The learned Counsel for the petitioners submitted that the 2nd respondent herein lodged a complaint on 3.8.2010 alleging that he gave a sum of Rs. 2,30,000/- along with his Passport to the petitioners on the promise given by them that they would send him to Gulf Country and that the petitioners failed to send him abroad and also did not return his money in spite of his several requests and that basing on the said complaint, the police, Sirikonda registered a case in Cr.No. 79 of 2010 under Section 420 IPC against the petitioners. The learned Counsel for the petitioners further submitted that the petitioners herein lodged a private complaint before the J.F.C.M. Armoor against the 2nd respondent and 15 others alleging that on 15.7.2007 at about 1.30 a.m. the 2nd respondent and 15 others came to his house, knocked the doors and when they opened the doors, they trespassed into their house and beat the 2nd petitioner and abused them in their Caste name and the said complaint was referred to the police, Nandipet for investigation and report and that the police, Nandipet registered a case in Cr.No. 102 of 2010 against the 2nd respondent and others for the offences under Sections 290, 323, 448, 366, 379, 420, 506 r/w 34 IPC and under Sections 3 (i) (x) of S.C. ST (POA) Act as a counter-blast to the said crime, the 2nd respondent filed a false complaint against the petitioners with false allegation that they have taken a sum of Rs. 2,30,000/- along with his Passport for sending him to abroad. The learned Counsel for the petitioners further submitted that at the instance of 2nd respondent, his brother also filed another complaint before the police, Sirikonda on 19.7.2010 stating that he paid a sum of 1,15,000/- to the petitioners who promised him to send abroad and that the petitioners did not send him as promised and that the said complaint was registered as Cr.No. 72 of 2010 under Section 420 IPC against the petitioners. The learned Counsel for the petitioners further submitted that since the 2nd respondent and his brother filed the complaints without enclosing any documentary evidence and without mentioning the date, time and place where the transaction took place and therefore he seeks to quash the proceedings in Cr.No. 79 of 2010. The contention of the learned Counsel for the petitioners that Cr.No. 79 of 2010 of P.S. Sirikonda was registered as a counter-blast to the case in Cr.No. 102 of 2010 lodged by the petitioners and that Cr.No. 72 of 2010 was registered at the instance of 2nd respondent, cannot be countenanced for the reason that merely because two complaints are made by two brothers with same allegations, the possibility of the petitioners receiving the amounts from them promising that they would send them abroad cannot be ruled out. While acting under Section 482 Cr.P.C., this Court is not supposed to come to a conclusion as to whether the allegations made in the complaints are true or false. Whether the petitioners have received the money from the 2nd respondent and his brother is a question of fact, which can be decided only after trial and appreciation of the evidence adduced in the cases. Therefore, I see no merit in the petition and accordingly dismiss the same. _____________________ R.KANTHA RAO,J 09.09.2010. KRB. THE HON’BLE SRI JUSTICE R.KANTHA RAO. CRL.PETITION No. 8990 of 2010. ORDER: Dt. 09.09.2010.