High Court for State of TelanganaCRLP/2019/2018disposed of no costs

Smt Ganna.Padma Reddy v. Smt. Sirugumalla Anitha

2018-02-20Shameem Akther2 pages

THE HON'BLE Dr . JUSTI CE SHAMEEM AKTHER Cr im in al Pet it ion No.2 0 1 9 of 2 0 1 8 ORDER:

This Criminal Petition, under Section 482 of Code of Criminal Procedure, 1973, is filed by the petitioners/ A.1 and A.2, seeking to quash the proceedings in Crime No.59 of 2018 on the file of the Neredmet Police Station, Rachakonda Commissionerate, registered for the offences under Sections 323 of I.P.C. and 3(1)(r), 3(1)(s) & 3(2)(va) of The Scheduled Castes & Scheduled Tribes (Prevention of Atrocities) Act, 1989 Amendment Act No.1 of 2016. 2 .

Heard the learned counsel for the petitioners/ A.1 and A.2, learned Assistant Public Prosecutor representing the 2nd respondentState and perused the record. 3 .

The learned counsel for the petitioners/ A.1 and A.2 would submit that the petitioners/ A.1 and A.2 belong to Scheduled Caste. The defacto complainant also belongs to Scheduled Caste. There is no mention of 'public view' in the report lodged with the police. However, the allegations do not constitute offences under Sections 323 of I.P.C. and 3(1)(r), 3(1)(s) & 3(2)(va) of The Scheduled Castes & Scheduled Tribes (Prevention of Atrocities) Act, 1989 Amendment Act No.1 of 2016. The averments of the complaint are utterly false and ultimately prayed to allow the application.

4 .

The learned Assistant Public Prosecutor opposed the application. 5 .

Having regard to the submissions made by both the sides and in view of the nature of allegations leveled in the First Information Report lodged on 29.01.2018, investigation has to go on to find out truth or otherwise of the allegations leveled against the petitioners/ A.1 and

- 2 - A.2. However, the police concerned shall not arrest the petitioners/ A.1 and A.2, 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 20th February, 2018 Bvv