Pyla Srinu, S/O. Challa Rao, v. The State Of Andhra Pradesh,

THE HON'BLE SRI JUSTICE T.SUNIL CHOWDARY CRIMINAL PETITION No.5986 OF 2017 ORDER:

This petition is filed under Section 482 Cr.P.C. to quash the proceedings against the petitioners/accused Nos.1 to 10 in Crime No.95 of 2017 on the file of the Station House Officer, Kirlampudi Police Station, East Godavari District, registered for the offences punishable under Sections 324, 323, 149 IPC and 3 (2) (va) of SCs & STs (POA) Act.

2.

Learned counsel for the petitioners strenuously submitted that the 2nd respondent foisted a false case against the petitioners at the instance of Sarpanch of the village. He further submitted that Sarpanch and his followers have been filing complaints one after other against the petitioners group. He further submitted that the allegations made in the complaint do not constitute any offence, much less the offences alleged to have been committed by the petitioners. Per contra, learned Assistant Public Prosecutor submitted that the allegations made in the complaint prima facie constitute the offences alleged to have been committed by the petitioners. 3.

A perusal of the record reveals that the petitioners are A1 to A10 and the 2nd respondent is the de facto complainant in Cr.No.95 of 2017. As per the allegations made in the complaint, on 16-06-2017, the petitioners beat the 2nd respondent. A perusal of the record reveals that some of the petitioners are accused in Cr.No.85 of 2017 of Kirlampudi Police Station.

4.

While exercising the inherent power under Section Cr.P.C., the Court has to take into

consideration the allegations made in the complaint only. The Court is not justified in embarking upon an enquiry as to probability, reliability or genuineness of the allegations made in the complaint at the initial stage of investigation. Whether the petitioners have committed the alleged offences or not will come to light during the course of investigation. The material placed before the Court is prima facie sufficient to investigate into the matter in order to ascertain the truthfulness or otherwise of the allegations made in the complaint.

5.

Having regard to the facts and circumstances of the case and also the principle enunciated in R.P.KAPOOR V. STATE OF PUNJAB 1, STATE OF HARYANA V. BHAJAN LAL 2, V.Y.JOSE V. STATE OF GURAJAT 3 AND TEEJA DEVI V. STATE OF RAJASTHAN 4, I am of the considered view that it is not a fit case to quash the criminal proceedings at the threshold.

6.

Taking into consideration the facts and circumstances of the case and also the principle enunciated by the Supreme Court in ARNESH KUMAR V. STATE OF BIHAR 5, the Station House Officer, Kirlampudi Police Station, East Godavari District, is hereby directed to follow the procedure as contemplated under Section 41-A Cr.P.C. in Crime No.95 of 2017 so far as the petitioners/A1 to A10 are concerned.

7.

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

_________________________ T.SUNIL CHOWDARY, J DATED: 21-07-2017 Hsd 1 AIR 1960 SC 866 2 AIR 1992 SC 604 3 (2009) 3 SCC 78 4 2015 (1) ACR 564 (SC) 5 (2014) 8 SCC 273