THE HON’BLE SRI JUSTICE G.V.SEETHAPATHY CRIMINAL PETITION No.4851 OF 2011 DATED: 05.07.2011 ORDER: This petition is filed under Section 482 of Cr.P.C., for quashing the proceedings against the petitioner-A2 in C.C.No.500 of 2008 on the file of the learned Additional Judicial Magistrate of First Class, Mangalagiri. 2. Heard learned counsel for the petitioner and the learned Additional Public Prosecutor representing the 1st respondent-State. Perused the record. 3. Petitioner-A2 along with others is accused of the offences under Sections 326 r/w 34 IPC. On a complaint given by the 2nd respondent, police registered a case in Cr.No.85 of 2008 and after investigation filed a charge sheet, which was taken cognizance by the learned Magistrate in C.C.No.500 of 2008. Petitioner-A2 is the husband of the complainant. According to the prosecution, on 20.04.2008, at about 7.00 a.m., there was a quarrel between the accused and the complainant regarding payment of house tax and that A1 picked up an iron rod and beat the complainant on the left elbow, both thighs and knees on the instigation of the petitioner-A2. Specific allegation is made in the complaint and also charge sheet that the petitioner-A2 instigated his brother- A1 to beat the complainant and kill her. 4. Learned counsel for the petitioner would submit that at the time of the alleged incident, petitioner-A2 was in fact on duty at the Currency Chest of Punjab National Bank, Vijayawada. Petitioner-A2, who is working as Constable in the Special Protection Force, produced a certificate said to have been issued by the Assistant Commandant, Special Protection Force, Vijayawada to the effect that the petitioner-A2 was on duty from 11.50 a.m. on 19.04.2008 till 22.04.2008, without any rest or permission. Based on the said certificate, petitioner contends that he had no occasion to be present at the time of the alleged occurrence as he was away on duty elsewhere at that time and a false complaint is lodged against him. Petitioner-A2 is thus virtually pleading alibi. The truth or otherwise of the said version of the petitioner- A2 cannot be gone into in these proceedings under Section 482 Cr.P.C. After due investigation, during the course of which the eye witnesses to the incident were examined, police filed a charge sheet, wherein also the allegation made against the petitioner-A2 in the complaint is reiterated. According to the prosecution, not only the complainant, but also the eye witness to the occurrence has supported the complainant’s version that it was the petitioner-A2 who instigated A1 to beat the complainant. The truth or otherwise of the said allegations made against the petitioner-A2 has to come out only during the course of the trial but not at this stage. 5. Having regard to the fact that specific allegations have been made against the petitioner-A2 in the complaint and also in the charge sheet and specific overt acts are also attributed, prima facie attracting the ingredients of the offence alleged, it is held that there are no valid or justifiable grounds to invoke the inherent powers of the Court under Section 482 Cr.P.C. and quash further proceedings against the petitioner-A2. 6. In the circumstances, it is held that further proceedings against the petitioner-A2 in C.C.No.500 of 2008 are not liable to be quashed. 7. In the result, Criminal Petition is dismissed. _______________________ G.V.SEETHAPATHY, J 05th July, 2011 Tsy