HON’BLE SRI JUSTICE SAMUDRALA GOVINDARAJULU CRL.PETITION NO.3573 OF 2010 Date:20.04.2010 Between: Bonigela Pullaiah and others. …..Petitioners And: The State of A.P, rep. By its Public Prosecutor And another. …..Respondents HON’BLE SRI JUSTICE SAMUDRALA GOVINDARAJULU CRL.PETITION NO.3573 OF 2010 ORDER: The petitioners 1 to 5/accused Nos.1 to 5 are accused of offence under Section 3(1)(x) of the S.Cs and S.Ts (Prevention of Atrocities) Act in P.R.C. No.13 of 2010 on the file of Judicial Magistrate of the First Class, Mydukur. The 2nd respondent is the defacto-complainant. 2) It is contended by the petitioners’ counsel that due to previous disputes between the petitioners and Korjala Sanjeevarayudu regarding landed property, the said Sanjeevarayudu had set up the 2nd respondent to file a false report against the petitioners. No doubt, material papers filed along with this petition go to show previous litigation between the 1st petitioner and Sanjeevarayudu before revenue authorities, civil Court, criminal Court as well as this Court. But, this Court in a petition under Section 482 Cr.P.C cannot go into truth or otherwise of the allegations made in this case by the 2nd respondent/defacto-complainant, as it is a question of fact. It is for the trial Court to go into that question after recording evidence to be let in by both the parties and also after assessing their evidence with the background of litigation between the 1st petitioner and Sanjeevarayudu. The said exercise cannot be undertaken in this petition. 3) Hence, the petition is dismissed. ________________________________ SAMUDRALA GOVINDA RAJULU,J. April 20, 2010 KSH