Atchi Koteswara Reddy v. The State Of Andhra Pradesh Rep.By Its Principal Secretary,
THE HONOURABLE SRI JUSTICE RAJA ELANGO WRIT PETITION No.44663 of 2016 ORDER:
This writ petition under Article 226 of Constitution of India is filed seeking a writ of mandamus to declare the proceedings in F.I.R. No.547 of 2016 on the file of 2nd respondent as illegal and arbitrary and to set aside the same.
The case of the petitioners is that on the complaint given by one 3rd respondent, the 2nd respondent registered a case against the petitioners in Crime No.547 of 2016 for the offence punishable under Section 3(1)(g)(r)(s) of Scheduled Castes & Scheduled Tribes (Prevention of Atrocities) Act, 2015. Now, it is the grievance of the petitioners that they are implicated falsely and that they have not committed the offence as alleged in the complaint.
The learned Assistant Government Pleader for Home submitted that since a complaint is lodged by the 3rd respondent against the petitioners, the 2nd respondent registered the present F.I.R. in accordance with law.
Now, the learned counsel for the petitioners submits that the petitioners are ready to cooperate for the investigation, but, however, they are apprehending arrest and harassment in the hands of 2nd respondent-police.
Considering the facts and circumstances of the case, the 2nd respondent is directed to complete the investigation in Crime No.547 of 2016 without arresting the petitioners and file a final report, if any, in accordance with law. The petitioners are directed to appear before the 2nd respondent-police and each of them shall execute a personal bond for
a sum of Rs.10,000/- (Rupees ten thousand only) with one surety for the likesum for their future appearance for the purpose of investigation. Accordingly, the writ petition is disposed of. No costs. Pending Miscellaneous Petitions, if any, shall stand closed. _________________ RAJA ELANGO,J 21.12.2016.
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