M.Chanderasekhar v. State Of A.P

THE HON'BLE DR. JUSTI CE SHAMEEM AKTHER CRI MI NAL PETI TI ON No.2174 of 2018 ORDER:

This Criminal Petition is filed under Section 482 Cr.P.C. to quash the proceedings in crime No.46 of 2017 on the file of the Station House Officer (S.H.O.), Dharmavaram Railway Police Station, Ananthapuram District, registered against the petitioners for the offences punishable under Sections 143, 323, 427 and 506 read with Section 34 I.P.C. and Section 3(2)V(A) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Amendment Act, 2015.

2.

Heard learned counsel for the petitioners and learned Public Prosecutor and perused the record.

3.

It is alleged that a false report is lodged against the petitioners, that no such incident took place as reported in the F.I.R. and that the allegations made in the F.I.R. are vague. As seen from the report, no specific overtacts are alleged against the petitioners individually. Therefore, the truth or otherwise of the report would be determined in the course of investigation. Therefore, it is not appropriate to quash the proceedings as prayed for. However, the interests of the petitioners are required to be protected. 4.

Under the above circumstances, the S.H.O./Investigating Officer is directed to complete the investigation and file a final report without arresting the petitioners.

5.

With the above direction, the Criminal Petition is disposed of. 6.

Miscellaneous petitions, if any, pending in this Criminal Petition shall stand closed.

___________________ DR. SHAMEEM AKTHER,J 22nd February, 2018 GHN