P.Somaraju, v. The State Of A.P. Rep By Its Pp., And 3 Others

SMT. JUSTICE T.RAJANI CRIMINAL PETITION No.11021 OF 2011 ORDER:

1.

This Criminal Petition, under Section 482 of Cr.P.C., is filed by the Petitioner/Accused, seeking to quash the proceedings in Crime No.97 of 2011, on the file of the Station House Officer, Nandivada Police Station, Krishna District, registered for the offences punishable under Sections 354 and 506 R/w.34 of I.P.C. and Section 3(1)(x) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (for short, 'the Act'). 2.

Heard learned counsel for the petitioner and learned Public Prosecutor, appearing for the 1st respondent - State. None appears on behalf of the learned counsel, appearing for the respondents 2 to 4 - de-facto complainants. 3.

The allegation in the complaint is that, during the quarrel which took place in the village, the petitioner abused the respondents in their caste name. 4.

From a reading of the complaint, it can be understood that, prima-facie, the allegations against the petitioner attract the alleged offences. 5.

Hence, in view of the nature of allegations, this Court opines that this is not a fit case to quash the proceedings against the petitioner, at this stage. Hence, the Criminal Petition is liable to be dismissed. 6.

In the result, the Criminal Petition is dismissed. However, considering the request of learned counsel for the petitioner that the Police concerned are directed to follow Section 41-A of Cr.P.C. and the guidelines issued by the Apex Court in Arnesh Kumar Vs. State of Bihar and another1 before effecting the arrest of the Petitioner/Accused.

1 2014 (2) ALT (Crl.) 457 (SC)

7.

As a sequel, miscellaneous petitions if any, pending in this Petition shall TR,J Crl.P.No.11021 of 2011 stand dismissed.

______________________ T. RAJANI, J Date: 30.10.2018.

Dsh

SMT JUSTICE T.RAJANI TR,J Crl.P.No.11021 of 2011 24122018 CRIMINAL PETITION No. 11021 OF 2011 Date. 30.10.2018 DSH