THE HON’BLE SRI JUSTICE N. RAVI SHANKAR CRIMINAL PETITION No.4673 of 2008 ORDER:- Petitioner in this petition is the accused in PRC No.55 of 2008 on the file of the Court of Judicial First Class Magistrate, Kadiri. He filed this petition under Section 482 of the Code of Criminal Procedure (Cr.P.C) for quashing the proceedings in the said preliminary register case. 2. The offences alleged are those punishable under Sections 420, 324 and 307 of IPC. The case was registered by the Kadiri police as Crime No.81 of 2005 on a Court referred private complaint of the victim. It is seen from the charge sheet that earlier a suit was filed by the de facto complainant against this petitioner and it is brought to my notice by the petitioner’s counsel that it is a specific performance suit relating to an agreement of sale said to have been executed by the petitioner in favour of the de facto complainant. The present incident is said to have occurred on 02.07.2005 in the morning hours near Kadiri bus stand in connection with the demand of the petitioner made on the de facto complainant to withdraw the suit and in that incident the petitioner is alleged to have assaulted and made an attempt to murder the de facto complainant when he refused to withdraw that suit. 3. The learned counsel for the petitioner drew my attention to the averments in the complaint of the petitioner and also the case pleaded in the charge sheet and pointed out that there are discrepancies and that itself shows that the case itself is a false one and on that ground the proceedings may be quashed. 4. It may be noted that this Court can interfere under Section 482 of Cr.P.C and quash the proceedings only when the allegations made either in the FIR or in the charge sheet taken by themselves as wholly true do not make out any offence. That is not the case here. The charge sheet shows that the offences of assault and attempt to murder are based on the eye witness account of two witnesses at least. All the contentions raised by the petitioner’s counsel can be examined only in the trial. In these circumstances I am of the opinion that it is not a fit case for admission. 5. Accordingly this petition is dismissed. It shall be open for the petitioner to plead all his defences before the concerned criminal Court. It is brought to my notice that non-bailable warrant is pending against the petitioner. It shall be open for him to surrender before the concerned Court and the said Court may pass appropriate orders thereon. ______________________ N. RAVI SHANKAR, J 17th March 2011 CVRK