IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) FRIDAY, THE NINTH DAY OF OCTOBER TWO THOUSAND AND NINE PRESENT HON’BLE SRI JUSTICE K.C.BHANU CRIMINAL PETITION No.7523 OF 2009 Between: Aijaz Ali Qureshi & 9 others ..... Petitioners/Accused Nos.1 to 10 AND 1. The Sate of Andhra Pradesh, Through S.H.O., Rein Bazar, Hyderabad, Rep. by its Public Prosecutor, High Court of A.P., Hyderabad. ..... Respondent 2. Mohd. Abdul Lateef ..... Respondents/Complainant The Court made the following: ORDER: This Criminal Petition, under Section 482 of the Code of Criminal Procedure, 1973, is filed by the Petitioners/Accused Nos.1 to 10 to quash the proceedings in FIR No.160 of 2009 of Rein Bazar Police Station, registered for the offences punishable under Sections 147, 148, 324 read with 149 IPC. 2. The allegations in the complaint would go to show that on 21.07.2009, the second respondent/de facto complainant received an information that the Petitioners/Accused Nos.1 to 10 were beating his uncle, M.A.Gaffar, nearby Moula Ka Chilla. Thereupon, second respondent/de facto complainant along with his cousin, Mohd. Abdul Bari, rushed to the scene of occurrence where the quarrel occurred and came to the Police Station and informed about the quarrel. While returning to home, when the second respondent/de facto complainant reached Hafeez Bhai Kirana Shop, Bada Bazar, the Petitioners/Accused Nos.1 to 10 beat him and as a result, he received head injury. Later, the second respondent/de facto complainant came to know that the Petitioners/Accused Nos.1 to 10 also beat his uncle and cousin with iron rods and sticks in view of objection to construct illegal building. Basing on the said complaint, the police registered a case in Crime No.160 of 2009, registered for the offences punishable under Sections 147, 148, 324 read with 149 IPC. 3. Learned counsel appearing for the Petitioners/Accused Nos.1 to 10 contended that on 21.07.2009, the family members of the second respondent/de facto complainant came to the house of Petitioner No.1/Accused No.1 which was under construction and tried to demolish the same; that, when Petitioner No.1/Accused No.1 questioned about their unlawful acts, suddenly all of them started beating Petitioner No.1/Accused No.1 with rods and sticks and caused serious injuries; that as a result, his left hand forearm bone got broken; that on hearing hues and cries of Petitioner No.1/Accused No.1, his brothers i.e., other petitioners/Accused Nos.2 to 10 came to his rescue, but they were also beaten brutally; that, as a result, Petitioner No.4/Accused No.4 sustained serious injuries and got 42 stitches on his sculp; and therefore, Petitioner No.4/Accused No.4 lodged a complaint in Crime No.161 of 2009 against the second respondent/de facto complainant and others and the same was registered for the offences punishable under Sections 147, 148, 427 and 307 read with 149 IPC; that prior to this, the present complaint is filed and hence, he prays to quash the impugned proceedings. 4. It is equally well settled that if the allegations in the complaint do not make out a prima facie case for the offences punishable under Sections 147, 148, 324 read with 149 IPC, then only the question of quashing the complaint would arise. Voluntarily causing hurt with a dangerous weapon attracts the offence under Section 324 IPC. The allegation in the complaint is that the Petitioners/Accused Nos.1 to 10 beat the second respondent/de facto complainant and others, and as a result, the second respondent/de facto complainant sustained bleeding injury and he was referred to the Osmania General Hospital, Hyderabad. The nature of injury sustained and the nature of weapon used, are required to be investigated into by the police. In view of the fact that a case and counter case are registered by the police, the police have to make an investigation about the same. As the allegations in the complaint made out a prima facie cognizable offence, the question of quashing the complaint does not arise. 5. Accordingly, the Criminal Petition is dismissed. ______________ (K.C.BHANU, J) Dated: 9th October, 2009. KL