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High Court for State of TelanganaWP/35484/2016disposed of no costs

Suresh Y., v. The State Of Andhra Pradesh Rep By Its Principal

2016-10-21Raja Elango3 pages

THE HONOURABLE SRI JUSTICE RAJA ELANGO WRIT PETITION No.35484 of 2016 ORDER:

This writ petition under Article 226 of Constitution of India is filed to declare the action of the 3rd respondent - The Station House Officer, P.S., Machavaram, Vijayawada, in registering FIR No.514 of 2016 against the petitioners on the biased complaint lodged by the 4th respondent, as false and illegal, and consequently, quash the same. The case in brief is that on the complaint made by the 4th respondent - CEO of A.P. Brahmin Cooperative Credit Society Limited, Vijayawada, alleging that the petitioners and others trespassed into their premises with an intent to make a galata and started shouting at his staff by using abusive language and also threatened him, the 3rd respondent registered a case in Crime No.514 of 2016 for the offences under Sections 451, 452, 353 and 506 r/ w.34 IPC.

The grievance of the petitioners is that since it is a Co-operative Society for Brahmin community, they went to know about the conditions and also the subject behind it and when a wordy altercation took place, the 4th respondent lodged the present complaint and that they are ready to cooperate with the investigation.

Considering the grievance of the petitioners, without expressing any opinion on merits, the 3rd respondent is directed to complete the investigation in Crime No.514 of 2016 of Machavaram Police Station, Vijayawada, and file a final report in accordance with law in either way, without arresting the petitioners.

With the above direction, the Writ Petition is disposed of. No costs. Consequently, miscellaneous petitions pending, if any, shall stand closed.

______________ RAJA ELANGO, J October 21, 2016.

KTL