S. Siva Reddy, v. The State Of A.P.

THE HON'BLE SRI JUSTICE RAJA ELANGO Crl.P.No.4596 of 2016

ORDER

This petition under Section 482 Cr.P.C. is filed by the petitioners/A1 to A4 seeking to quash the proceedings in Cr.No.59 of 2016 of Old Guntur Police Station, Guntur Urban, for the offences punishable under Sections 323, 506, 354 r/w.34 IPC and u/s.3(1)(x) of SCs & STs (POA) Act, against them.

2. It is alleged in the complaint that due to land disputes, A1 to A5 came to the spot, abused the de facto complainant in filthy language in the name of her caste, beat her with hands and legs and threatened her with dire consequences, due to which, the husband of the de facto complainant got high blood pressure and hospitalized. Based on the complaint, the aforesaid crime was registered against the accused.

3. Learned counsel for the petitioners submits that in a civil suit pending between the petitioners and the de facto complainant, an Advocate Commissioner was appointed to note down the physical features and when they went to the spot, the de facto complainant made hues and cries and did not allow the Commissioner to discharge his official duties and thereafter, she made a false complaint against the accused.

4. The allegations made in the complaint against the accused have to be decided by a competent Court after full fledged trial and truth or otherwise of the allegations made against the petitioners

cannot be decided at this stage. Therefore, this Court is not inclined to interfere with the impugned proceedings. However, the concerned police are directed to complete the investigation without arresting the petitioners/A1 to A4 and file a final report, if any.

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

_______________ RAJA ELANGO, J 1st April, 2016 sj