IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD WEDNESDAY, THE TWENTY FOURTH DAY OF FEBRUARY TWO THOUSAND AND TEN PRESENT: HONOURABLE SRI JUSTICE P. SWAROOP REDDY CRIMINAL PETITION No.1591 OF 2010 Between: Gandamalla Prabhu Dasu & another ……Petitioners – Accused Nos.1 & 2 AND The State of A.P., through the S.H.O., Suryapet Town Police Station, Rep. by the Public Prosecutor High Court of A.P., Hyderabad & another .....Respondents HONOURABLE SRI JUSTICE P. SWAROOP REDDY CRIMINAL PETITION No.1591 OF 2010 ORDER: This Criminal Petition under Section 482 Cr.P.C. is filed by the petitioners Gandamalla Prabhu Dasu and Y. Sucharitha, accused Nos.1 & 2 respectively, seeking to quash the proceedings against them in S.C. No.464 of 2009 on the file of Assistant Sessions Judge, Suryapet, Nalgonda District, arising out of Crime No.60 of 2008 of Suryapet Town Police Station, Nalgonda District, registered for the offences under Sections 376 read with 511, 506 & 109 IPC. 2. Heard. 3. The contention of the learned counsel for the petitioners is that false case is foisted against the petitioners on account of matrimonial dispute between petitioner No.2 and her husband and that according to the de facto complaint earlier also petitioner No.1 tried to rape her, but no such complaint was given at that time. 4. Not giving a complaint on the earlier occasion is not a ground for quashing the impugned proceedings when a complaint is given after a fresh incident. The contention of false implication etc., can be considered only during trial on the basis of evidence. Thus, absolutely there are no grounds to entertain this petition. 5. Therefore, the Criminal Petition is dismissed at the admission stage itself. ____________________ P. SWAROOP REDDY, J February 24, 2010. PV