THE HON’BLE SRI JUSTICE N.R.L. NAGESWARA RAO CRIMINAL PETITION Nos. 10993 and 11963 of 2010 COMMON ORDER: Both the Criminal Petitions are filed by the petitioners under Section 482 of the Code of Criminal Procedure (for short “Cr.P.C.”) to quash the proceedings in Sessions Case No.150 of 2010 on the file of the Principal Assistant Sessions Judge, Tirupati arising out of P.R.C.No.10 of 2005. The petitioners herein are the Accused Nos.2 and 3 in the above proceedings. A private complaint is said to have been filed by the 2nd respondent for the offences under Sections 307, 354, 379, 506 read with Section 34 of Indian Penal Code, 1860 (for short “IPC”). The matter was referred to the police but the police said to have filed a final report and thereafter without accepting the final report the case was taken on file as P.R.C.No.10 of 2005. Learned counsel for the petitioners contends that the veracity of the complainant about the offence under Section 354 of IPC is not according to the principles of law and she gave different versions and, therefore, the charge cannot be proceeded with. It is to be noted that while considering the application for quashing of the proceedings, the Court will not enter into the arena of appreciation of the evidence and consideration the truthfulness or otherwise of the statements. If there are different conflicting statements given by a witness, they have to be only confronted during the examination of the witness before the Court. Even otherwise, the case in P.R.C. was taken on file in the year 2005 and the present applications are filed after a period of five years without challenging the alleged proceedings. Therefore, at this stage, I do not find any merits to quash the proceedings. Accordingly the Criminal Petitions are dismissed. The accused Nos.2 and 3 shall surrender before the Principal Assistant Sessions Court, Tirupati and on such surrender they shall be released on bail on executing a personal bond for Rs.10,000/- (Rupees ten thousand only) each with two sureties for the likesum each to the satisfaction of the Principal Assistant Sessions Judge, Tirupati. ________________________ N.R.L. NAGESWARA RAO, J Date: 30-06-2011 MR THE HON’BLE SRI JUSTICE N.R.L. NAGESWARA RAO CRIMINAL PETITION Nos. 10993 and 11963 of 2010 DATE: 30-06-2011 MR