Vylapalli Rama Rao v. The State Of A.P.,Rep.,Pp

THE HON'BLE SRI JUSTICE T. SUNIL CHOWDARY CRIMINAL PETITION No.9568 of 2016 ORDER:

This petition is filed under Section 482 Cr.P.C., to quash the proceedings against the petitioners/A1 and A2 in Crime No.113 of 2014 on the file of Station House Officer, Bobbili Police Station, registered for the offence punishable under Section 3(2)(iv) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (for short, the Act).

2. The learned counsel for the petitioners submitted that the land in question belongs to Forest Department and no patta was granted in favour of the second respondent. He further submitted that even if the allegations made in the complaint are taken to be true and correct, the petitioners have not committed the offence under Section 3(2)(iv) of the Act. Per contra, learned Public Prosecutor submitted that this is not the stage to go into the merits of the case.

3. A perusal of the record reveals that the petitioners are A1 and A2 and the second respondent is de facto complainant in Crime No.113 of 2014. As per the allegations made in the complaint, on 26.12.2013 the petitioners herein removed the huts of the second respondent and others, who belongs to Scheduled Tribe. Whether the land in question belongs to the Forest Department or not, and the petitioners have committed the alleged offence or not will come to light during the course of investigation only.

4. It is a settled principle of law that the Court has to take into consideration the allegations made in the complaint while exercising the inherent power under Section 482 Cr.P.C., in order to quash the proceedings. The allegations made in the complaint are prima facie sufficient to investigate into the matter.

5. 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.

6. The learned counsel for the petitioners submitted that the concerned Station House Officer may be directed not to arrest the petitioners as they are the Government employees. Taking into consideration the nature of the allegations made against the petitioners and the nature of the employment of the petitioners, the Station House Officer, Bobbili Police Station, is hereby directed not to arrest the petitioners-A1 and A2 till completion of investigation in Crime No.113 of 2016.

7. With the above direction, criminal petition is dismissed. Miscellaneous Petitions, if any, pending in this Criminal Petition shall stand closed.

_________________________ T. SUNIL CHOWDARY, J July 01, 2016 YS [1] AIR 1960 SC 866 [2] AIR 1992 SC 604 [3] (2009) 3 SCC 78 [4] (2014) 15 SCC 221