THE HON’BLE SRI JUSTICE G.V.SEETHAPATHY CRIMINAL PETITION No.11118 OF 2010 DATED: 09-11-2010 ORDER: This petition is filed under Section 482 of Cr.P.C., seeking to quash further proceedings in C.C.No.81 of 2010 on the file of the learned Special Judicial Second Class Magistrate, Tadepalligudem, West Godavari District. 2. Heard learned counsel appearing for the petitioners and the learned Additional Public Prosecutor representing the 1st respondent-State. Perused the record. 3. Second respondent filed a complaint before the learned Special Judicial Second Class Magistrate, Tadepalligudem, West Godavari District against the petitioners-A1 to A3 alleging offence punishable under Section 323 r/w 34 IPC. Specific allegation is made in the complaint to the effect that on the date of the incident, A1 to A3, armed with crowbars, came upon the house of the complainant and started pulling down the south Palmyra leaves in the site of the complainant and when the complainant intervened, A1 caught hold of the tuft of her hair and slapped on the left cheek, while A2 and A3 dragged and kicked her on the stomach with their legs. It is further alleged that A1 beat the complainant with hands indiscriminately and the incident was witnessed by L.Ws.2 and 3. It is stated that the complainant gave a report to the police also, but the police have not taken any action and hence, private complaint is filed. 4. Learned counsel for the petitioners would contend that the present case is filed as a counterblast to the case filed by the petitioners against the complainant. 5. The contention of the learned counsel for the petitioners that the present case is a counterblast to the complaint given by the petitioners cannot be gone into at this stage without there being any evidence on record. In view of the specific allegations contained in the complaint to the effect that A1 to A3 beat the complainant, the ingredients of the offence under section 323 IPC are prima facie attracted. The truth or otherwise of the allegation is to be considered only after the evidence is adduced by the complainant before the trial Court, but not at this stage. The inherent powers under Section 482 Cr.P.C., cannot be invoked to scuttle the prosecution launched on the basis of a complaint which discloses, prima facie, the commission of the offence. There are absolutely no valid or justifiable grounds to quash the further proceedings in C.C.No.81 of 2010 on the file of the learned Special Judicial Second Class Magistrate, Tadepalligudem, West Godavari District, by invoking the inherent powers under Section 482 Cr.P.C. 6. In the result, Criminal Petition is dismissed. _______________________ G.V.SEETHAPATHY, J 09th November, 2010 Tsy