THE HON’BLE SRI JUSTICE G.KRISHNA MOHAN REDDY CRIMINAL PETITION NO.5878 OF 2008 Date: 24th March, 2011 Between: Varanasi Satyanarayana …..Petitioner And The State of Andhra Pradesh, rep. by its Public Prosecutor, High Court of Andhra Pradesh, Hyderabad and others. …..Respondents THE COURT MADE THE FOLLOWING: THE HON’BLE SRI JUSTICE G.KRISHNA MOHAN REDDY CRIMINAL PETITION NO.5878 OF 2008 ORDER: This Criminal Petition is filed to quash proceedings in C.C.No.230 of 2008 on the fie of the Court of the III Metropolitan Magistrate, Visakhapatnam. The petitioner is the 2nd accused and the respondents are the complainants in the Calender Case. For the sake of convenience, I refer the parties as complainant and 2nd accused as arrayed in the calender case. It is claimed on behalf of the 2nd accused as follows: The complainants trespassed into Rail Vihar, Phase-III Project, Visakhapatnamyu, they were obstructed then by security guard. Therefore, the complainants beat with hands on his face and threatened him with dire consequences, following which he gave a report to the police, Pendurthi Police Station, which was registered as Crime No.170 of 2007, dated 2.5.2007. As counter blast to that, the complainants got registered C.C.No.230 of 2008 against the accused on the ground that on 22.4.2007 at about 6.00 p.m., while they (the complainants) were in front of the gate of their house, the accused were passing through that way and the complainants asked them as to why they were not following I.R.W.O. guidelines for constructing houses at the above site and then, the accused attacked the complainants using working tools challenging that they would not follow any rules and warned the complainants with dire consequence, following which the complaint was filed. It is the contention of learned Counsel for the 2nd accused that the claim of the complainants is not supported by any documentary evidence and if their claim is true, they would have given a report to the concerned police and would have been sent to a medical officer for medical examination. It is the contention of learned Counsel for the complainants that all those facts cannot be considered now. The point that arises for consideration is that whether sufficient grounds are there to quash the proceedings. The question involved is purely a question of fact. At this stage, it cannot be said as to whether the complaint filed by the complainants is false or not. It can only be decided basing upon necessary evidence to be recorded. It is not known whether a report was given to the concerned police and whether they were sent for necessary medical examination and whether corresponding medical certificates were issued or not. Therefore, there are no merits in this petition. Accordingly, the Criminal Petition is dismissed. _____________________________________ JUSTICE G.KRISHNA MOHAN REDDY 24th March, 2011 Tjmr THE HON’BLE SRI JUSTICE G.KRISHNA MOHAN REDDY CRIMINAL PETITION NO.5878 OF 2008 DATE: 24th March, 2011 TJMR