High Court for State of TelanganaCRLP/4867/2015disposed of no costs

Pothuganti Narasimha Reddy v. The State Of Telangana

2015-06-15B.Siva Sankara Rao2 pages

HON'BLE Dr. JUSTICE B. SIVA SANKARA RAO CRIMINAL PETITION No.4867 of 2015 ORDER :

This criminal petition is filed by the petitioner/accused under Section 482 Cr.P.C seeking to quash the proceedings in Crime No.134 of 2015 of Siddipet Rural Police Station, Medak District, registered for the offences punishable under Sections 323 and 504 IPC and Section 3(1)(x) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (for short, 'the Act').

2. Heard the learned counsel for the petitioner as well as the 1st respondent-State represented by the Public Prosecutor before admission and before ordering any notice to the 2nd respondent and perused the material on record.

3. No doubt, it is the contention of the learned counsel for the petitioner is that the petitioner is a victim in the false accusation by engineered order due deliberations and consultations by misusing the provisions of the Act, 1989 and serve as a counter blast to the report dated 21.05.2015 given by him against the de facto complainant herein and the police did not even choose to register the crime when he presented the report and also sent copy of the same by courier service as enclosed.

4. A perusal of the F.I.R. prima facie show Section 3(1)(x) of the Act though there is a contention that a false accusation engineered with due deliberations and consultations as it is premature to decide at this stage, much less to admit the application under Section 482 Cr.P.C.

5. Having regard to the above and the material falls short for this Court even to admit the application on the facts supra otherwise entitles to the concession of regular bail as the petitioner is a

practicing Advocate, aged about 64 years.

6. Accordingly, the criminal petition is disposed of giving liberty to the petitioner to surrender before the Special Judge and move regular bail with notice to the Special Public Prosecutor and in such event, the learned Special Judge shall accept the surrender and consider for granting bail preferably on the same day with necessary conditions. Needless to say, at the post bail stage and pending investigation, the presence of the petitioners can also be dispensed with.

7. Accordingly, the criminal petition is disposed of.

8. Miscellaneous petitions pending, if any, shall stand dismissed ____________________________ Dr. B. SIVA SANKARA RAO, J 15th June 2015.

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