HON’BLE SRI JUSTICE SAMUDRALA GOVINDARAJULU CRIMINAL PETITION NO.3188 OF 2010 Date: 09.04.2010 Between: N. Nagesh and 2 others ……Petitioners And: The State of A.P., rep. by its PP and another ……Respondents. HON’BLE SRI JUSTICE SAMUDRALA GOVINDARAJULU CRIMINAL PETITION NO.3188 OF 2010 ORDER: This petition is filed by the accused Nos.1 to 3 in Crime No.2 of 2010 of Somandepalli Police Station relating to offence under Section 324/34 IPC. It is alleged that in connection with a land dispute when the 2nd respondent/injured came to Somandepalli, A-1 hit him with a stone on his head causing bleeding injuries to him and that when he fell down, A-1 toA-3 beat him and kicked him with hands and legs. It is contended by the petitioners’ counsel that the present report was given by the defacto-complainant as a counter-blast for Crime No.248 of 2009 of Yelahanka Police Station of Karnataka state relating to offences punishable under Sections 419, 465, 468, 471 and 34 IPC and that the said case is now entrusted to C.C. Branch of Karnataka state by the Commissioner of Police, Bangalore city. It is further contended that false and frivolous case was foisted as counter-blast for the earlier case lodged three months ago. In my opinion, truth or falsity of the present case cannot be decided in a petition under Section 482 Cr.P.C as it is a question of fact. It is for the police during investigation and after recording statements of witnesses, to come to a conclusion whether the case is true or false. At this stage, I do not find any valid or legal reasons to interfere with investigation of the present Crime No.2 of 2010 in this petition. I see no merits in this petition. Hence, the petition is dismissed. ___________________________________ SAMUDRALA GOVINDARAJULU,J Date:09.04.2010. Gk. HON’BLE SRI JUSTICE SAMUDRALA GOVINDARAJULU CRIMINAL PETITION NO.3188 OF 2010 Date: 09.04.2010 Gk.