THE HON’BLE SRI JUSTICE N.RAVI SHANKAR CRIMINAL PETITION No.4523 OF 2011 Date: 11.07.2011 Between: L.Ananda Baskar and others …..Petitioners And N.Srinivasulu and another …..Respondents THE COURT MADE THE FOLLOWING: THE HON’BLE SRI JUSTICE N.RAVI SHANKAR CRIMINAL PETITION NO.4523 OF 2011 ORDER: Heard learned counsel for the petitioners, learned Additional Public Prosecutor and also learned counsel for the 1st respondent. 2. Petitioners are accused 1 to 4 in C.C.No.304 of 2011 on the file of the Court of the VII Chief Metropolitan Magistrate, Hyderabad. They filed this petition for quashing the proceedings against them in the said Calender Case. 3. The offences alleged are those punishable under Sections 177, 211, 323, 330, 343, 346, 348, 365, 368 and 506 read with Section 120-B I.P.C. A Noticeable feature in this case is that the petitioners herein are police officials and the de facto complainant is also a police constable. The version of the complainant is that his brother was earlier involved in a child molestation case and in that connection these petitioners abducted him to find out whereabouts of his brother. This is denied by the petitioners herein. They say that the de facto complainant is involved in other cases and they are totally innocent and whatever they did, that was done in discharge of their duty. All the allegations made in the complaint do disclose offences against these petitioners. Petitioners’ counsel filed a certified copy of the cognisance order passed by the learned Magistrate before whom the case is pending. 4. It may be noted that the pleas that are taken by the petitioners constitute their defences and raise disputed questions of fact which have to be decided on evidence. That exercise cannot be undertaken by this Court in this petition. The cognisance order would also show that there may be certain offences in which sanction may be necessary and it shall be open for the petitioners to raise all their objections before the learned Magistrate before whom the case is pending. In these circumstances, it follows that this Court cannot interfere in this matter under Section 482 of Code of Criminal Procedure. 5. Accordingly, this petition is dismissed at the admission stage. It shall be open for the petitioners to raise all their defences before the learned Magistrate before whom the case is pending. ___________________________ JUSTICE N.RAVI SHANKAR 11th July, 2011. Tjmr THE HON’BLE SRI JUSTICE N.RAVI SHANKAR CRIMINAL PETITION NO.4523 OF 2011 DATE: 11.07.2011