THE HON’BLE SRI JUSTICE G. KRISHNA MOHAN REDDY CRIMINAL PETITION Nos. 4808 and 5288 of 2009 COMMON ORDER: Criminal Petition Nos.4808 of 2009 and 5288 of 2009 are filed for quashing proceedings in P.R.C.No.4 of 2009 and C.C.No.46 of 2009, respectively, on the file of the Judicial Magistrate of First Class, Kamalapuram, Kadapa District. Since the subject matter of these petitions is one and the same they are taken together for disposal by this common order. The petitioner is A1 in both the cases and the 2nd respondent in the Criminal Petition No.4808 of 2009 is the complainant in the P.R.C., and the 2nd respondent in the Criminal Petition No.5288 of 2009 is the complainant in the Calendar Case. Briefly, the version of the complainants is as follows: The petitioner/accused-1 is working as the Principal of Sri Saraswathi College, K. Appayapalle Village, Kamalapuram Mandal. On 08.09.2006, the accused-1 manhandled one M. Subba Reddy who is working as Junior Assistant in the College for some typographical mistakes committed by him in the budget proposal records. On coming to know about the incident, the wife of M.Subba Reddy went to the college and questioned the principal as to why he assaulted her husband. The principal abused her then in filthy language, slapped her, held her with his right hand by force and tried to outrage her modesty and necked her out. The complainants thereafter gave reports in Kamalapuram P.S., which were registered as Crime No.136 of 2006 for offences punishable under Sections 323, 324, 506 and 354 IPC and Crime No.65 of 2007, for offences punishable under Sections 323 and 353 IPC. The police filed final report before the learned Magistrate stating that witnesses were examined, none of them corroborated the version of the complainants. It is further stated in the final reports that the investigation revealed that the complainants filed the said complaints as a counterblast to the report given by the accused-1 herein registered in Crime No. 133 of 2006 for offences punishable under Sections 448, 427, 341, 323, 506 r/w 34 IPC that the complainant in the Calendar Case criminally trespassed into his house and manhandled him as he chastised the husband of the complainant for his failure in the preparation of budget and pay particulars records. The S.I. further requested the learned Magistrate to treat the complaints filed by the complainants as false. Later the complainants filed protest petitions and witnesses were examined and later the cases were taken on file. It is contended by the learned counsel for the accused No.2 herein that as the matter was already referred to the police concerned under Section 156(3) Cr.P.C. and the police filed the final report, treating the case as false following which only the protest petition was filed and as many as six witnesses were examined, basing on which the case was taken on file, it is a fit case for quashing the proceedings invoking Section 482 Cr.P.C. Learned Public Prosecutor has opposed the petition contending that prima facie there are serious allegations against the accused, which can be decided only after due investigation. The point that arises for consideration is whether the relief sought for in the petition can be granted. As per the record, there is material to prosecute the petitioner/accused-1 and necessary trial of the case is to be conducted in both the cases and the sworn statements recorded by the learned Magistrate and other records in the case are subjected to scrutiny. It cannot be said now as to whether any statements recorded by the police in the case before filing the final reports are true or not. Those statements can be made use of to test the veracities of the witnesses. Hence, I do not find any merits in the petitions, and accordingly they are dismissed. However, the presence of the petitioner/accused before the learned Magistrate is dispensed with prior to the commencement of trial, unless the Magistrate insists for his presence otherwise rationally. _____________________________ G.KRISHNA MOHAN REDDY, J 26th December, 2011 KSM