THE HON'BLE MR JUSTICE K.C. BHANU CRIMINAL PETITION NO : 5882 of 2009 DATED 04.08.2009 BETWEEN: Thota Vijaya Ram .. Petitioner/A6 And 1. Javvadi Venkata Satyanarayana 2. The State of A.P. rep. By Public Prosecutor..Respondents THE HON'BLE MR JUSTICE K.C. BHANU CRIMINAL PETITION NO : 5882 of 2009 ORDER: This Criminal Petition is filed by the petitioner/A6 under Section 482 Code of Criminal Procedure to quash the First Information Report No.128 of 2008 of Mogaltur Police Station, West Godavari District, which was registered of the offences punishable under Sections 148, 307 read with 149 of IPC. The allegations in the first information report would go to show that on 08.06.2008 the 2nd son of respondent No.1 herein, by name Narayana Murthy decided to offer prayer to the Goddess Bandi Mutyalamma situated at Mutyalapalli Village. The 1st respondent is permanent resident of Bhimavaram. He further stated that himself and his five sons along with their family members and relatives more than 50 persons visited the said temple to perform pooja and for lunch. Some persons had taken lunch, while some persons taking meals in the last row, at about 3.00 p.m. one Suravarapu Srinivasa Rao dragged one chair and one Adhikari Kiran made to fallen the empty chairs and abused in most filthy language, then his people separated him and pacified the matter. While he along with his wife at coconut shop of Balla Subba Rao at about 4.00 pm. Adikari Kiran, Adhikari Sathipadu, Survarapu Srinivasa Rao, some others formed into unlawful assembly arming themselves with iron rods, knives, sticks, with a view to kill them. Adhikari Kiran came with iron rod and beat him on his head. Adhikari Satti Pandu beat his 4th son, Suravarapu Sreenivasa Rao beat his 5th son with iron rod and Thota Prasad beat the his grand son with iron rod. Learned counsel appearing for the petitioner contended that no specific overt acts are attributed to the petitioner and that he simply went to the temple to offer prayers, therefore the continuation of present proceedings nothing but abuse of process of law. There cannot be any dispute that when the allegations in the complaint do not make out a prima facie case for the offences alleged, then only the question of quashing the complaint would arise. It is the statutory duty of the police to conduct investigation when a prima facie cognizable offence is made out and the same cannot be curtailed. No doubt, the FIR does not disclose that the present petitioner caused any injuries to the defacto complainant. But at the same time, the case is registered under Section 148, 307 read with 149 IPC. The allegation is that the present petitioner along with other accused armed with deadly weapons went near the temple and attacked defacto complainant. No doubt, the present petitioner has not caused any injuries. Causing of injuries is not a condition precedent under Section 149 IPC. Once any one of the accused is found to be member of unlawful assembly, it is not required that any specific overt acts have to be attributed in causing injuries to the victim. Whether it is unlawful assembly or not is a matter of evidence to be enquired by the prosecution. But the prima facie allegation is that the present petitioner along with other accused armed with deadly weapons attacked the defacto complainant and caused injuries. As a prima facie case for the offences alleged is made out, the question of quashing the FIR does not arise. Accordingly, the Criminal Petition is dismissed. _____________ kvrm 04.08.2009 HON'BLE MR JUSTICE K.C. BHANU CRIMINAL PETITION NO : 5882 of 2009 DATED: 04.08.2009