HON’BLE SRI JUSTICE SAMUDRALA GOVINDARAJULU CRIMINAL PETITION NO.10068 OF 2009 Date: 28-09-2010 Between: G. Chakravarthy. --- Petitioner/A-3. And Rachakonda Tulasi and The State of A. P., Rep. By its Public Prosecutor, High court of A.P., Hyderabad. --- Respondents. This Court made the following : HON’BLE SRI JUSTICE SAMUDRALA GOVINDARAJULU CRIMINAL PETITION NO.10068 OF 2009 ORDER: The petitioner/A-3 is accused of offences punishable under Sections 354, 448/34 I.P.C. and Sections 3 (1) (x) and 3 (1) (xi) of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 in Crime No.141 of 2009 of Srikakulam II Town police station. 2. It is contended by the petitioner’s counsel that the first respondent/de-facto complainant gave false report to the police at the instance of her husband who borrowed Rs.20,00,000/- from him and who issued cheque for Rs.10,00,000/- in discharge of the said debt and which cheque was dishonoured and with an intention to coerce the petitioner to enter into some compromise with the first respondent’s husband. Truth or falsity of allegations in the report cannot be decided in this petition filed under Section 482 Cr.P.C. It is for the Investigating Officer to find out the same after thorough investigation. The petitioner filed copy of cheque dated 10-09-2009 drawn by the first respondent’s husband Uma Maheswara Rao in favour of the petitioner on I.C.I.C.I. Bank Visakhapatnam branch. The alleged offence is stated to have taken place inside the house of the first respondent and not in a place of public view. Further, there is no specific averment in the report that the first respondent belongs to the scheduled tribe and that the petitioner does not belong to either scheduled caste or scheduled tribe. Having regard to the facts alleged in the report and contentions put forward by the petitioner herein, this Court is of the opinion that the petitioner cannot be arrested during investigation. 3. In the result, the petition is dismissed. However, the Investigating Officer is directed not to arrest the petitioner/A-3 till completion of investigation. _____________________________ SAMUDRALA GOVINDARAJULU, J. Date: 28-09-2010. DSH