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High Court for State of TelanganaWP/44168/2016disposed of no costs

Bathala Kumar Swamy , Kumar, v. State Of Andhra Pradesh,

2016-12-19Raja Elango3 pages

HONOURABLE SRI JUSTICE RAJA ELANGO WRIT PETITION No.44168 of 2016 ORDER:

1.

This writ petition is filed by the petitioners under Article 226 of the Constitution of India seeking to quash the proceedings against them in FIR No.244 of 2016 on the file of Yerraguntla Police Station, Yerraguntla, YSR Kadapa District.

2.

Heard and perused the material available on record. 3.

It is stated in the affidavit that the above crime was registered for the offence under Sections 323, 355 r/w 34 IPC and Section 3(1)(r )(s) of SCs & STs (POA) Amendment Act. It is alleged that the petitioners beat the 3rd respondent with their legs and hands and abused him in the name of his caste. It is the case of the petitioners that when the 1st petitioner asked the 3rd respondent to repay the amount due to him, he lodged the present complaint in order to avoid the payment of the amount to the 1st petitioner.

4.

The petitioners filed this writ petition challenging the investigation in the above crime. This Court is not inclined to interfere with the investigation in the above crime. However, the official respondents are directed to complete the investigation and file a final report, in accordance with law, without arresting the petitioners. If any final report is filed against the petitioners and if any summons are issued to them by the Court concerned, the petitioners are directed to appear before the Court concerned and execute a personal bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) with one surety each for the like sum each to the

satisfaction of the Court concerned, as surety for their future appearance as and when required.

5.

With the above direction, the Writ Petition is disposed of. No costs. Consequently, miscellaneous petitions pending, if any, shall stand closed. ________________ RAJA ELANGO, J Date: 19th December, 2016 Nn

HONOURABLE SRI JUSTICE RAJA ELANGO WRIT PETITION No.44168 of 2016 Date: 19th December, 2016 Nn