S.Bala Gangadhar Reddy, v. Koilagundla Narasimhlu

THE HONOURABLE SRI JUSTICE RAJA ELANGO CRIMINAL PETITION No.3579 OF 2016 ORDER:

This petition is filed by the petitioner-accused under Section 482 Cr.P.C. seeking to quash the proceedings against him in Crime No.17 of 2016 on the file of Allagadda Town Police Station, Kurnool District, registered for the offences punishable under Sections 323 IPC and 4 (1) (S) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Amendment Act, 2015. Heard and perused the material available on record. It is alleged that the petitioner abused the de facto complainant in the name of his caste and also beat him with a pipe, while the de facto complainant is doing water tap connection work in the house of the petitioner. The truth or otherwise of the above said allegations can be ascertained during the enquiry. Therefore, this Court is not inclined to interfere with the investigation against the petitioner.

At this stage, the learned Counsel for the petitioner submitted that due to the pendency of the above crime, the petitioner apprehends arrest and harassment in the hands of the police. In view of the above submission, the police concerned are directed to complete the investigation and file a final report, if any, without arresting the petitioner, within a period of three months from the date of this order. In the event of necessity, the police concerned are directed to issue notice to the petitioner for his appearance before the investigating agency for the purpose of investigation. On issuance of such notice, the petitioner shall appear before the investigating agency and give an undertaking as to his future appearance as and when required by the investigating agency for the purpose of investigation.

With the above directions, the Criminal Petition is disposed of. Consequently, miscellaneous petitions pending, if any, shall stand closed.

______________ RAJA ELANGO, J March 16, 2016.

KTL