Smt. S.Vijetha Goud, v. State Of Telangana,

IN THE HIGH COURT OF JUDICATURE AT

HYDERABAD FOR THE STATE OF TELANGANA AND THE STATE OF ANDHRA PRADESH ***** CRIMINAL PETITION No.7939 of 2015 Between:

Smt.S.Vijetha Goud and another.

... Petitioner and The State of Telangana represented by the Public Prosecutor and another ... Respondents DATE OF JUDGEMENT PRONOUNCED: 14-08-2015 SUBMITTED FOR APPROVAL:

HONOURABLE Dr. JUSTICE B.SIVA SANKARA RAO

1. Whether Reporters of Local newspapers may be allowed to see the Judgment?

Yes/No

2. Whether the copies of judgment may be Yes/No marked to Law Reporters/Journals?

3. Whether Their Ladyship/Lordship wish to

Yes/No see the fair copy of the Judgment?

HONOURABLE Dr. JUSTICE B.SIVA SANKARA RAO CRIMINAL PETITION No.7939 of 2015 ORDER :

This Criminal Petition is filed by the Petitioners/Accused under Section 482 Cr.P.C seeking to quash the proceedings in Crime No.499 of 2014 of Golconda Police Station, registered at the instance of the 2nd respondent for the offence punishable under Sections 3 (1) (x) of SC/ST (POA) Act, 1989 (for short " the Act").

2. Heard the learned counsel for the petitioners and the 1st respondent-State represented by the Public Prosecutor before admission, before ordering notice to the 2nd respondent and perused the material on record including the report of the de facto complainant. 3.

It is the contention of the learned counsel for the petitioners that the offence under Section 3(1) (x) of the Act has no application. No doubt, as contended by the learned Public Prosecutor, there is prima facie accusation. On perusal of the accusation even show the

petitioners are entitled to the concession of bail. Having regard to the above, there are no grounds to admit the application for quashing of F.I.R. but for to say to dispose the application.

4.

Accordingly, the Criminal Petition is disposed of giving liberty to the petitioners to surrender before the learned Magistrate and with affidavit of surrender on the same day file regular bail application before the learned Special Judge with notice to the Public Prosecutor concerned and the learned Special Judge, after hearing, shall grant bail on the same day with necessary conditions. The learned Special Judge can dispense with the presence of the accused at post bail stage pending investigation before concerned Court. Further remedies, if any, are left open in the event of filing charge sheet for any of the offences and any cognizance taken by the learned Magistrate. Consequently, the miscellaneous petitions, if any pending, shall stand closed. _________________________ Dr. B. SIVA SANKARA RAO, J 14-08-2015 nvl