HON’BLE SRI JUSTICE SAMUDRALA GOVINDARAJULU CRL.PETITION NO.3236 OF 2010 Date: 13.04.2010 Between: Borigadda Ramesh Babu and others …..Petitioners And: State of A.P. rep. By P.P, Hyderabad and another. …..Respondents HON’BLE SRI JUSTICE SAMUDRALA GOVINDARAJULU CRL.PETITION NO.3236 OF 2010 ORDER: The accused Nos.1 to 5 in Crime No.84 of 2010 of Kushaiguda Police Station are the petitioners. They are accused of offences punishable under Sections 448, 427, 506/34 I.P.C. 2) Subject matter of dispute is construction of shop rooms in cellar complex. The 2nd respondent/defacto-complainant who is land owner and who has some flats in the complex alleges that the accused have demolished shops constructed in the cellar on 15.10.2009 and that when the same was questioned, the accused threatened on 17.10.2009. It is contended by the petitioner’s counsel that when the accused gave complaint to the Municipality about unauthorised construction of shop rooms in the cellar, the Municipal Corporation officials gave reply on 01.10.2009 itself stating that no such shop rooms are in existence as on that day. Therefore, it is contended that the alleged demolition of shop rooms on 15.10.2009 is false. Truth or falsity of allegations in the private complaint filed by the 2nd respondent and which complaint was forwarded to the police for investigation, cannot be gone into and decided in a petition under Section 482 Cr.P.C. It is for the investigating officer to decide the same after collection of entire evidence during investigation. During investigation the petitioners are also at liberty to hand over endorsement of the Municipal Corporation to the police about non-existence of shops in the cellar as on 01.10.2009. 3) Hence, the petition is dismissed. ________________________________ SAMUDRALA GOVINDA RAJULU,J. April 13, 2009 KSH