Dr C Sunil Kumar v. M Bapu

THE HON'BLE DR.JUSTICE SHAMEEM AKTHER CRIMINAL PETITION NO.3185 OF 2018 ORDER:

This petition is filed by the petitioners-A1 to A5 under Section 482 Cr.P.C. to quash the proceedings in Cr.No.100 of 2018 on the file of the Station House Officer, Alwal P.S., Cyberabad District, registered for the offences punishable under Sections 341, 323, 504 and 506 r/w 34 IPC. 2.

Heard learned counsel for the petitioners, learned Assistant Public Prosecutor representing the State and perused the record.

3.

Learned counsel for the petitioners would submit that there is a trivial dispute between the de facto complainant and some of the accused and due to that, a false report is made against all the petitioners and ultimately prayed to allow the petition.

4.

On the other hand, learned Assistant Public Prosecutor opposed the relief sought for by the petitioners in the petition.

5.

As per the report lodged with the police, dated 02.03.2018, there was a small incident with regard to car parking on that day. Due to exchange of words between the parties, it appears that the impugned crime was registered. There is no mention of commission of offence under any of the provisions under the SCs & STs (PoA) Act in the F.I.R. lodged in this case. As per alteration memo, Section 3 (1) (r) (s) of the SCs & STs (PoA) Act, 1989 (Amendment Act, 2015) is added in this crime. The truth or otherwise of the allegations made against the petitioners do require investigation. In view of nature of offences alleged and in

view of subsequent alteration memo filed in this case, the petitioners' interest is required to be protected. 6.

Under these circumstances, the Station House Officer/Investigating Officer is directed to complete the investigation and file final report, without arresting the petitioners-A1 to A5 in the above crime. The petitioners-A1 to A5 shall co-operate with the investigating officer. 7.

With the above direction, the Criminal Petition is disposed of. Miscellaneous petitions, if any pending in this Criminal Petition shall stand closed.

___________________________ DR.SHAMEEM AKTHER, J DATED: 15-03-2018.

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