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High Court for State of TelanganaCRLP/14083/2016disposed of no costs

B.V.M. Laxman Rao v. The State Of A.P

2016-09-28Anis2 pages

THE HONOURABLE SMT JUSTICE ANIS CRIMINAL PETITION No.14083 of 2016

ORDER

This petition under Section 482 Cr.P.C. is filed by the petitioners/accused seeking to quash the proceedings in Cr.No.97 of 2016 of Sakhinetipalli Police Station, East Godavari District, registered for the offences punishable under Sections 324, 506 r/w sec.34 IPC and under Section 3(1)(r)(s) of SCs & STs (POA) Act, 1989, against them.

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Heard learned counsel for the petitioners/accused and learned Additional Public Prosecutor representing the State.

3. The second respondent lodged a complaint with the police stating that due to water disputes between the SC colony members and the accused, on 08.09.2016 at about 5.30 PM., when the MPP called one Bhaskara Rao, A4 in the present case, and asked for the issue, he abused the Sarpanch and her husband in filthy language in the name of their caste and also attacked them with a chair, thereby a case in Cr.No.94 of 2016 was registered against the accused and on the same day, with regard to the said issue, all the accused in the present case attacked and abused the second respondent in filthy language in the name of his caste. Hence, the present complaint is registered.

4. Learned counsel for the petitioners submitted that the police are trying to arrest the petitioners and prayed that there may be a direction to the police concerned not to arrest the petitioners.

ANIS,J Crl.P.14083 of 2016

5. Learned Additional Public Prosecutor submitted that the investigation is still pending and only some witnesses were examined.

6. Since the investigation is not yet completed and the charge sheet is not filed, this Court cannot interfere with the investigation at this stage. However, considering the facts and circumstances of the case, the petitioners are directed to surrender before the Court below and move an application for bail and on filing such an application, the Court below is directed to grant bail to the petitioners with certain conditions on the same day or next day. 7.

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

_______ ANIS,J 28th September, 2016 sj