Kondaiah Kotakonda v. Messaiah Tirupati

THE HON'BLE Dr . JUSTI CE SHAMEEM AKTHER Cr im in al Pet it ion No.1 4 4 0 of 2 0 1 8 ORDER:

This Criminal Petition, under Section 482 of Code of Criminal Procedure, 1973, is filed by the petitioner/ accused, seeking to quash the proceedings in Crime No.111 of 2017 on the file of the Dagadarthi Police Station, SPSR Nellore District, registered for the offences under Sections 323, 506 of I.P.C. and 3(1)(r) & 3(1)(s) of The Scheduled Castes & Scheduled Tribes (Prevention of Atrocities) Act, 1989. 2 .

Heard the learned counsel for the petitioner/ accused, learned Assistant Public Prosecutor representing the 2nd respondent-State and perused the record.

3 .

Having argued for some time, the learned counsel for the petitioner/ accused made a request of stay of arrest of the petitioner/ accused, pending investigation.

4 .

The learned Assistant Public Prosecutor conceded the said request.

5 .

In view of the nature of allegations leveled in the First Information Report lodged on 21.10.2017, the police concerned shall not arrest the petitioner/ accused pending investigation. They can proceed with the investigation of the case and file charge sheet or final report, as the case may be.

6 .

With the above direction, the Criminal Petition is disposed of. Miscellaneous petitions, if any, pending in this Criminal Petition, shall stand dismissed.

_____________________ Dr . Sh am eem Ak t h er , J 09th February, 2018 Bvv