Kethi Reddy Gopal Reddy v. The State Of Ap.,

THE HONOURABLE SRI JUSTICE U.DURGA PRASAD RAO CRIMINAL PETITION No.14923 of 2013 ORDER:

This Criminal Petition is filed under Section 482 Cr.P.C. by the petitioner/accused seeking quashment of the proceedings in Cr.No.190 of 2013 on the file of Thungathurthy Police Station, Nalgonda District.

Second respondent/ de facto complainant lodged FIR against the petitioner/accused alleging that in respect of a land dispute between himself and his younger brother Gugulothu Nandu, a panchayat was convened by the petitioner/accused, who is the village elder, on 25.11.2012 and during the said panchayat, it is alleged that the petitioner/accused made some resolutions in favour of his brother and when the de facto complainant questioned, the petitioner/accused abused him in filthy language and also beat him with chappal. On this complaint, the Police registered a case in Cr.No.190 of 2013 under Section 323 IPC and Section 3 (1) (x) of SCs and STs (POA) Act, 1989.

When the investigation was pending, the petitioner/accused filed the instant Criminal Petition for quashment of the proceedings. While issuing Notice to respondent No.2, on 16.12.2013, this Court granted interim stay of all further proceedings until further orders. Heard both sides.

As the FIR allegations reveal a prima facie material, it is not fit case to quash the proceedings at this stage. Hence, the investigation shall be concluded to its logical end. However having regard to the facts of the case, pending investigation the petitioner can be ordered at large.

The petitioner is directed to surrender before Station House Officer, Thungathurthy, Nalgonda District on or before 29-02-2016 and on such surrender, he shall be enlarged on bail on his executing a bond for Rs.10,000/- ( Ten Thousand only) with one surety for a like sum each to the satisfaction of Station House Officer, Thungathurthy, Nalgonda District. The petitioner shall cooperate with the investigating agency for smooth completion of investigation. With the above observation, this Criminal Petition is disposed of. As a sequel, the miscellaneous petitions, if any, pending in this case shall stand closed.

_________________________ U. DURGA PRASAD RAO, J Date: 15.02.2016 Note: Office to issue copy by tomorrow.

b/o eha THE HONOURABLE SRI JUSTICE U.DURGA PRASAD RAO

Crl.P.No.14923 of 2013 Dt. 15.02.2016 eha