HONOURABLE SRI JUSTICE SAMUDRALA GOVINDARAJULU CRIMINAL PETITION No.9895 of 2011 DATE: 14.10.2011 Between: Thandra Molakaiah …… Petitioner And Theepalapudi Subbarayudu and another. …..Respondents HONOURABLE SRI JUSTICE SAMUDRALA GOVINDARAJULU CRIMINAL PETITION No.9895 of 2011 ORDER : The petitioner/A2 is accused of offences punishable under Sections 323, 506 I.P.C. and Sections 3(1)(i) and 3(1)(x) of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989. 2. It is a case of occupation of land by the accused party and the prosecution party, which land was ear-marked by the Government for granting pattas to the persons who lost their lands in Sri Damodaram Sanjeevaiah Thermal Power Project in Potti Sreeramulu Nellore District. During the said scramble, it is alleged that A1 abused the defacto complainant in the name of his ‘Madiga Caste’ and A1 to A3 prevented him from occupying the land. 3. The entire allegations in report given by the first respondent/defacto complainant raise disputed questions of fact, which, this Court may not be in a position to entertain in this petition under Section 482 Cr.P.C. The petitioner, who is stated to be aged 72 years, apprehends his arrest in this case. There are no grounds for quashing the F.I.R. in this case, at its threshold. 4. In the result, the petition is dismissed. 5. However, the Investigating Officer shall not arrest the petitioner/A2 during the pendency of investigation upto filing of charge sheet. _______________________________ SAMUDRALA GOVINDARAJULU, J Date: 14.10.2011 pnb