THE HON’BLE SRI JUSTICE N. RAVI SHANKAR CRIMINAL PETITION No.5664 of 2011 ORDER: Heard Sri Rama Rao learned counsel for the petitioner and the learned Additional Public Prosecutor. 2. The petitioner herein is the first accused in C.C.No.121 of 2011 on the file of the Court of I Additional Judicial Magistrate of First Class, Kadapa (trial Court). The offences alleged against the petitioner are punishable under Sections 447 and 427 IPC read with Section 34 IPC and there are altogether six accused in this case. 3. Learned counsel for the petitioner mainly pointed out that the allegations in the charge sheet do not attract Section 447 IPC and even though there are allegations for Section 427 IPC, it is a non-cognizable case and police have no power to file charge sheet and on that ground the whole case should be quashed. 4. With regard to applicability of Section 447 IPC his contention is that nobody gave complaint and the Police have filed charge sheet merely on the strength of a video C.D. and subsequently the complaint is received. It may be noted that the offence under Section 447 IPC is a cognisable offence and police officer can take up its investigation on his own even if he notices the commission of such offence. The various pleas raised by the petitioner’s counsel with regard to the allegations and the ingredients of the offence under Section 447 IPC and also Section 427 IPC which becomes part of a cognizable case in view of the Section 447 IPC are in the form of disputed questions of fact and they cannot be decided without looking into the evidence. Therefore, the contentions raised by the petitioner’s counsel cannot be gone into in this petition. 5. Accordingly, this petition is dismissed at the admission stage. _______________________ N. RAVI SHANKAR, J July 14, 2011 Pn THE HON’BLE SRI JUSTICE N. RAVI SHANKAR CRIMINAL PETITION No.5664 of 2011 July 14, 2011 Pn