IN THE HIGH COURT OF JUDICATURE OF ANDHRAPRADESH AT HYDERABAD HONOURABLE SRI JUSTICE SAMUDRALA GOVINDARAJULU CRIMINAL PETITION No.4678 of 2010 DATE:04.06.2010 Between: M.Srinivas and another. …… Petitioners/Accused. And: K.Sreenu Prasad and another. …..Respondents HONOURABLE SRI JUSTICE SAMUDRALA GOVINDARAJULU CRIMINAL PETITION No.4678 of 2010 ORDER: The petitioners 1 and 2/A-1 and A-2 are husband and wife and they are accused of offences punishable under Section 323 I.P.C and Section 3(1)(x) of the S.Cs and S.Ts (P.O.A) Act. Admittedly there are previous money transactions between the accused and the 1st respondent/defacto-complainant. The dispute is said to have originated when both the parties along with two other persons sought for settlement of accounts. It is alleged that during the course of that settlement, A-1 and A-2 beat the 1st respondent/defacto-complainant and abused him in the name of his schedule caste. It is contended that false case was foisted as an arm-twist device to force the accused for compromise. Truth or falsity of the allegations cannot be gone into and decided in a petition under Section 482 Cr.P.C, as it is a question of fact. On perusal of the private complaint and resultant F.I.R, I am of the opinion that it is a fit case for investigation and not for quashing. 2) In the result, the petition is dismissed. However, the petitioners 1 and 2/A-1 and A-2 are given liberty to surrender before III Additional Judicial Magistrate of the First Class, Tirupathy on or before 18.06.2010, in which event they shall be released on bail on furnishing personal bonds for Rs.5,000/- each together with two sureties each for the like sum each to the satisfaction of the same Magistrate. _______________________________ SAMUDRALA GOVINDARAJULU, J June 4, 2010 KSH