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High Court for State of TelanganaCRLP/3518/2018disposed of no costs

Mir Haseebuddin Hyder, v. The State Of Telangana

2018-03-22U.Durga Prasad Rao2 pages

HON'BLE SRI JUSTICE U.DURGA PRASAD RAO CRIMINAL PETITION No.3518 of 2018 ORDER:

This petition is filed under Section 482 Cr.P.C by the petitioner/A2 seeking to quash the proceedings against him in FIR No. 26 of 2018 of Pedemul Police Station, Vikarabad, Ranga Reddy District, registered for the offences under Section 324 read with 3 (1)(r )(s), 3(2)(v) SC & ST (POA) Act, 2015.

Investigation is in the nascent stage.

The submission of learned counsel for petitioner is that even if the prosecution case is accepted to be true, the offence under Section 324 read with 3(1) (r ) (s), 3(2)(v) SC & ST (POA) Act, is not applicable. On the other hand, learned Additional Public Prosecutor submits that both the complainant and accused belong to the same village and the petitioner insulted the de-facto complainant in the name of his caste. Be that as it may, the investigation is still in the nascent stage and there is a prima facie accusation.

In that view of the matter, it is not apt to stifle the investigation at this stage. Therefore, investigation shall lead to logical conclusion. However, the Investigating Officer shall strictly follow the procedure contemplated under Section 41-A Cr.P.C towards peitioenr/A2 during the course of investigation

UDPR,J Crl.P.NO. 3518 OF 2018 and the petitioner also shall cooperate with the investigating agency for smooth completion of investigation.

Accordingly, Criminal Petition is disposed of. As a sequel there to, miscellaneous applications, pending if any, shall stand closed. _________________________ U.DURGA PRASAD RAO, J Date: 22.03.2018 KA