Smt. Baragada Shivanaga Jyothi v. The State Of A.P.,Rep.,Pp

THE HON'BLE SRI JUSTICE T.SUNIL CHOWDARY CRIMINAL PETITION No.1193 of 2016 ORDER:

This petition is filed under Section 482 Cr.P.C. to quash the proceedings against the petitioner/accused in Crime No.130 of 2015 on the file of the Station House Officer, Attili Police Station, West Godavari District, registered for the offences under Section 506 I.P.C. and Section 3 (1) (x) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989.

2. Heard the learned counsel for the petitioner and the learned Public Prosecutor representing the State.

3. A perusal of the record reveals that the petitioner is the sole accused and the second respondent is the de facto complainant in Crime No.130 of 2015. It further reveals that the petitioner has been working as Head Mistress in M.P.P. School, Varigedu Village, Attili Mandal of West Godavari District.

4. As per the allegations made in the complaint, on 09.12.2015 at about 10:00 AM, the petitioner abused the second respondent in the name of her caste. It is further alleged that the petitioner threatened the second respondent with dire consequences.

5. A perusal of the record reveals that basing on the complaint lodged by the petitioner, the Station House Officer, Attili Police Station, registered a case in Crime No.129 of 2015 against the second respondent and others for the offences punishable under Sections 353, 323, 506 read with 34 I.P.C.

6. The contention of the learned counsel for the petitioner is that the second respondent foisted a false case against the petitioner in order to overcome the criminal case registered against her.

7. Whether the petitioner has committed the alleged offences or not will come to light during the course of investigation. While exercising the inherent power under Section 482 Cr.P.C., the Court has to take into consideration the allegations made in the complaint only. The Court is not justified in embarking upon an enquiry as to probability, reliability or genuineness of the allegations made in the complaint at the initial stage of investigation. The material placed before the Court i s prima facie sufficient to investigate into the matter in order to ascertain the truthfulness or otherwise of the allegations made in the complaint.

8. Having regard to the facts and circumstances of the case and also the principle enunciated in R.P.Kapoor v. State of Punjab[1], State of Haryana v. Bhajan Lal[2], V.Y.Jose v. State of Gurajat[3] and Teeja Devi v. State of Rajasthan[4], I am of the considered view that this is not a fit case to quash the criminal proceedings at the threshold.

9. The learned counsel for the petitioner submitted that the concerned Station House Officer may be directed not to arrest the petitioner till completion of the investigation.

10. Taking into consideration the facts and circumstances of the case, this Court is inclined to direct the Station House Officer, Attili Police Station, West Godavari District, not to arrest the petitioner/accused in Crime No.130 of 2015 till completion of the investigation.

11. With the above direction, the Criminal Petition is dismissed.

12. Consequently, Miscellaneous Petitions, if any, pending in this Criminal Petition shall stand closed.

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T.SUNIL CHOWDARY, J Date: 04.02.2016 Ivd [1] AIR 1960 SC 866 [2] AIR 1992 SC 604 [3] (2009) 3 SCC 78 [4] 2015 (1) ACR 564 (SC)