THE HONOURABLE SRI JUSTICE SAMUDRALA GOVINDARAJULU CRIMINAL PETITION No.8438 of 2011 ORDER: The petitioners 1 and 2/A1 and A2, are accused of offence punishable under Section 324 I.P.C. The injured/victim is their tenant. A2 is wife of A1. It is alleged that on 04.05.2010, A1 and A2 argued with the injured for rental purpose and later beat him with stick and caused injury. It is contended by the petitioners’ counsel that this is a counter blast for the case filed by the accused against the de facto complainant/2nd respondent under Section 324 I.P.C. The Police received reports from both the parties and investigated into the same and filed two separate charge sheets against each party, on the report of the other party. Both the offences are stated to be of one and the same date. Both the offences are said to have occurred at one and the same time. So, it cannot be said that one case is the counter blast for the other. Both the cases have to be tried simultaneously and the Magistrate has to determine as to who was the aggressor out of the two against the other. It becomes a question of fact depending on the evidence to be adduced in both the cases. Hence, the proceedings in the criminal case against the petitioners are not liable to be quashed. 2. Accordingly, the Criminal Petition is dismissed. ______________________________ JUSTICE SAMUDRALA GOVINDARAJULU Dt:15.09.2011 ysk THE HONOURABLE SRI JUSTICE SAMUDRALA GOVINDARAJULU CRIMINAL PETITION No.8438 of 2011 Dt:15.09.2011 ysk