HON’BLE SRI JUSTICE SAMUDRALA GOVINDARAJULU CRL.PETITION NO.3252 OF 2010 Date:12.04.2010 Between: Jalakam Radha Krishna Naidu and 2 others. …..Petitioners And: The State of A.P, (rep. By its P.P on The file of II Addl. CMM, Vijayawada City) & S H O, Machavaram Police Station, Vijayawada City. …..Respondent HON’BLE SRI JUSTICE SAMUDRALA GOVINDARAJULU CRL.PETITION NO.3252 OF 2010 ORDER: The accused Nos.1 to 3 in Crime No.44 of 2010 of Machavaram Police Station are the petitioners. They are accused of offence punishable under Section 498-A I.P.C. A-1 is husband, A-2 is mother-in- law and A-3 is sister-in-law of the defacto-complainant. The defacto-complainant is not impleaded as a party to this petition. The petitioners are seeking quashing of F.I.R in Crime No.44 of 2010 behind the back of the defacto-complainant. 2) After reading report given by the defacto-complainant to the police in Telugu, it is contended by the petitioners’ counsel that the report is lacking details of place, time and date of several incidents mentioned therein. F.I.R is not be all and end all of the prosecution case. Particulars will be collected by the police during investigation while recording statements of the defacto-complainant and other witnesses under Section 161(3) Cr.P.C. 3) It is contended by the petitioners’ counsel that false case was foisted against the petitioners. It is a question of fact whether allegations in the F.I.R are true or false. The said question has to be decided by the police after collection of entire evidence during investigation. 4) It is contended that as per allegations in the report on 14.01.2010, the petitioners and another went to the defacto-complainant at Vijayawada and demanded huge amount of dowry and that the 1st petitioner was at Hyderabad only during the said time. Thus, the 1st petitioner is pleading alibi with regard to incident which took place on 14.01.2010 which is Sankranthi day. Plea of alibi is also a question of fact which this Court cannot determine in a petition under Section 482 Cr.P.C. There are no valid grounds in law for quashing F.I.R in this case because allegations mentioned in the report given to the police prima f ac ie attract the offence alleged against the petitioners if those allegations are taken on their face value. 5) Hence, this petition is dismissed. ________________________________ SAMUDRALA GOVINDA RAJULU,J. April 12, 2009 KSH