THE HON’BLE SRI JUSTICE N.RAVI SHANKAR CRIMINAL PETITION NO.5467 OF 2010 Date: 04.11.2011 Between: Prakash Jain …..Petitioner And State of A.P., rep. by Public Prosecutor, High Court of A.P., Hyderabad and another …..Respondents THE COURT MADE THE FOLLOWING: THE HON’BLE SRI JUSTICE N.RAVI SHANKAR CRIMINAL PETITION NO.5467 OF 2010 ORDER: Heard Sri V.V.Satish, learned counsel for the petitioner and the Additional Public Prosecutor. It is seen that notice has been served on the second respondent and acknowledgment is filed but she did not turn up. This does not make any difference on the merits of the matter in the present petition. 2. This petition is filed by the petitioner to quash the F.I.R. in Crime No.25 of 2010 of I Town (L & O) Police Station, Rajahmundry. The offences alleged are those punishable under Sections 498-A, 406, 506 read with 34 of Indian Penal Code, 1860 and Sections 3 and 4 of Dowry Prohibition Act, 1961. 3. The plea of the petitioner is that there are absolutely no allegations against him in the F.I.R. and consequently it should be quashed insofar as he is concerned. The petitioner who is accused No.5 is stated to be the junior paternal uncle of husband of the de facto complainant. 4. It should be noted that in paras 3 and 4 of the complaint filed before the court which was referred to police, dates of two incidents are mentioned i.e. 1.7.2008 and 23.11.2009 and it is stated that on the said dates this petitioner has also participated in certain offences alleged to have been committed against the de facto complainant. I do not propose to go into the merits of these allegations but what should be noted is that the F.I.R. contains these allegations which discloses the offences alleged against the petitioner. The question whether these allegations are true or not is a matter to be investigated by the concerned police and therefore they constitute disputed questions of fact and this court cannot interfere in this matter. 5. Accordingly, this petition is dismissed. The concerned police may go ahead with the investigation without being influenced in any manner by this order and thereafter if the petitioner is charge-sheeted, he can have his remedies against the same. ___________________________ JUSTICE N.RAVI SHANKAR 4th November, 2011 Tjmr THE HON’BLE SRI JUSTICE N.RAVI SHANKAR CRIMINAL PETITION NO.5467 OF 2010 DATE: 04.11.2011