High Court for State of TelanganaCRLP/5953/2015disposed of no costs

Yallanki Narayana Swamy v. The State Of Andhra Pradesh,

2015-07-10B.Siva Sankara Rao2 pages

HON'BLE Dr. JUSTICE B. SIVA SANKARA RAO CRIMINAL PETITION No.5953 of 2015 ORDER :

This Criminal Petition is filed by the Petitioners/Accused Nos.4, 6, 8 and 9 under Section 482 Cr.P.C seeking to quash the proceedings in Crime No.36 of 2015 of Chippagiri Police Station, Kurnool District registered for the offences punishable under Section 147, 148, 323, 324, 341, 355, 384, 506 read with 149 I.P.C and Sections 3(1)(x) of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act (for brevity, 'the Act').

2) Heard the learned counsel for the petitioners and the 1st respondent-State represented by the Public Prosecutor before admission and before ordering notice to the 2nd respondent and perused the material on record.

3) From perusal of the report running in two pages, there is a clear averment of the occurrence of intentional insult is in public view to attract Section 3(1)(x) of the Act, leave about other offences as subsequent to the said date of abuse in public view when the defacto-complainant and others went to the function to the house of one Pamithi people.

4) Having regard to the above, the material falls short for this Court to admit the application for quashing under

Section 482 Cr.P.C, and since the petitioner is entitled to the concession of regular bail, the petition is disposed of giving liberty to the petitioner to surrender before the learned Magistrate concerned and move for regular bail on same day with affidavit of surrender before the learned Special Judge and in such an event the learned Judge shall, after hearing the public prosecutor concerned, grant bail atleast by next day with necessary conditions. Needless to say after filing charge sheet, the further remedies, if any, to the petitioner is left open.

5) With the above observations, the Criminal Petition is disposed of. As a sequel, miscellaneous petitions pending, if any, in this criminal petition shall stand closed. ___________________________ Dr. B. SIVA SANKARA RAO, J 10.07.2015 ksh